long story w/ultimate question

[smartybutt1961]

Hi! I was married in 1991 and seperated in 1999. I did start my divorce proceedings in California in 2000. That year my ex contacted me and informed that he was terminally ill and not to bother finishing the divorce. Well, now it's 2007 and he's still living (should have known better). Anyway, I am now living in KY with a wonderful man and we want to get married next year. Here's my problem...I was recently informed that my ex was NEVER DIVORCED from his first wife when we were married in 1991.. So, my question is this: If indeed he was never divorced from his first wife when we were married in 1991 is our marriage legal or is it void? If it is void, do I still need to go ahead with divorce proceedings? I have searched online for ANY divorce record for my ex and his first wife and all I found was their marriage record. I have no idea where he is living now so I can't ask him and he would probably lie even if I could. I should mention that there is no children or property involved as far as this marriage is concerned. I have also tried to locate his first wife and have had no luck in that department. Any help would be greatly appreciated. Thank you!

Lacey

 

[seniorjudge]

Q: So, my question is this: If indeed he was never divorced from his first wife when we were married in 1991 is our marriage legal or is it void?

A: Void.



Q: If it is void, do I still need to go ahead with divorce proceedings?

A: Start the lawsuit. As you already found out, it is virtually impossible to prove someone is divorced...there have to be a million courts in the world where you could get divorced!:nuts

 

[smartybutt1961]

thank you!

Thank you so much for your quick reply to my questions!

I think I will go ahead and file the divorce just to be on the safe side. It only takes 6 weeks here in KY and will only cost $115.00. That's not bad at all. I found out that the local library has the KY divorce manual as well as the forms to proceed. Sounds easy enough. I did speak with his sister the other night and found out that he is back in Corpus Christi and has been for a number of years. She hasn't spoken with him for about a year and has no address for him. Guess there won't be a contest on his part and even if there was, and he was never divorced from his first wife, he will have no leverage. I don't think he would want to go to jail for bigamy.

Anyway, thank you again for your help!

Lacey