To Be Or Not To Be a Bigamist

Hi, I do know that according to other post on the website if you decide to get married even though you are not divorced, it is criminal activity and not to mention that your marriage to the 2nd person will not be valid.

Thanks, that’s what I needed to know.

quote:
Originally posted by kperry1054
Hi, I do know that according to other post on the website if you decide to get married even though you are not divorced, it is criminal activity and not to mention that your marriage to the 2nd person will not be valid.
quote:
Originally posted by iwannaknow
There has been no action on the divorce my husband filed over a year ago. It could take years & years before the divorce is granted or may not ever be granted. My life is in limbo. I've met someone else and we want to get married. What could happen if I knowingly commit bigamy and marry someone else?

I do not know what jurisdiction you are in, but here in NC, either of you can seek divorce after a year of separation. If you have been waiting for something to happen, first check in with the clerk at the court you think he filed the action in and ask for the status of the divorce, asking particularly, what needs to happen before the divorce will be granted? Most clerks shy away from answering questions like that and may say, go ask an attorney. They are not supposed to give legal advice. So, if that doesn’t help, go review your file in person at the clerk

Thank you for your response. I live in TX and my husband filed for divorce in NC. I have contacted the court clerk’s office numerous times, but they will not give me any specifics - I keep getting the same response of “the divorce is still pending”. Since I do not reside in NC, it will be difficult for me to review my file in person. TX attorney’s are not very much help because they are not familiar with NC law and the attorney I hired in NC was not doing anything for me; therefore, I terminated his services. Can I file for divorce in Texas while I have a case pending in NC?

quote:
Originally posted by dthrom
quote:
Originally posted by iwannaknow
There has been no action on the divorce my husband filed over a year ago. It could take years & years before the divorce is granted or may not ever be granted. My life is in limbo. I've met someone else and we want to get married. What could happen if I knowingly commit bigamy and marry someone else?

I do not know what jurisdiction you are in, but here in NC, either of you can seek divorce after a year of separation. If you have been waiting for something to happen, first check in with the clerk at the court you think he filed the action in and ask for the status of the divorce, asking particularly, what needs to happen before the divorce will be granted? Most clerks shy away from answering questions like that and may say, go ask an attorney. They are not supposed to give legal advice. So, if that doesn’t help, go review your file in person at the clerk

Dear iwannaknow:

This is going to be harsh, so beware - This is the LAZIEST</font id=“red”> THING I HAVE EVER HEARD!!! </font id=“red”>You have to be kidding me. Hire an attorney for $500 and get your divorce finalized here in NC (it may even cost less if your spouse already filed). Bigamy is a crime and to knowingly do it would negate any and all benefits from the marriage you are looking to enter. If you have children, they will be bastards, etc. That is just crazy. Stop being lazy and take the right action to get your situation straight. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Your candor is respected, but laziness is not the issue; it’s a matter of being unfamiliar with NC divorce laws associated with very limited finances. It appears the laziness is on my husband’s end; afterall, he and his attorney are the ones who initiated this whole process and dropped the proverbial ball. I will conduct a search for an attorney who is willing to assist me in finalizing my divorce for a minimal fee. Thank you for your response.

quote:
Originally posted by JanetFritts
Dear iwannaknow:

This is going to be harsh, so beware - This is the LAZIEST</font id=“red”> THING I HAVE EVER HEARD!!! </font id=“red”>You have to be kidding me. Hire an attorney for $500 and get your divorce finalized here in NC (it may even cost less if your spouse already filed). Bigamy is a crime and to knowingly do it would negate any and all benefits from the marriage you are looking to enter. If you have children, they will be bastards, etc. That is just crazy. Stop being lazy and take the right action to get your situation straight. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


inquiring

Bigamy is a crime in NC, and your new marriage would not be valid under NC law.

It will not take years for a divorce to be granted in NC. A divorce will be granted by a court after parties have been separated for a year. It may take longer to finish property distribution, but regardless the divorce can be granted now if you have been separated for a year.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

There has been no action on the divorce my husband filed over a year ago. It could take years & years before the divorce is granted or may not ever be granted. My life is in limbo. I’ve met someone else and we want to get married. What could happen if I knowingly commit bigamy and marry someone else?