How long does my wife have to be gone before the state grants me a divorce? 11 Answers as of April 18, 2013

I discovered on 2 Jun 2011 that my wife was married to another man when were married on 28 Oct 1986. She abandon/left deserted me on 23 July 2011 leaving me with all the bills/mortgages etc. When can the state grant me a divorce?

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John Russo | John Russo
After she receives notice, and either appears or is defaulted. But if what you allege is factual you were never legally married anyway, but you still need to show that she was married at the time you married her, and that is by evidence, not just telling the court, or showing them a piece of paper.
Answer Applies to: Rhode Island
Replied: 4/18/2013
S. Joseph Schramm | Joseph Schramm
I'm not sure if you mean that, at the time you were married she was married to another man and that you only discovered this on June 2, 2011, then you might never have been married because you marriage would have been bigamous. In that case, if the previous husband is still living you might seek an annulment of your marriage. In either case, you might be looking at a minimum period of about four months if you follow all the procedures and both parties consent to the divorce.
Answer Applies to: Pennsylvania
Replied: 4/17/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
There is no requirement for a passage of time of being physically separated from your wife to commence your divorce. File and serve your divorce in the county where you have resided for at least 3 months. You must also be a resident in California for at least 6 months before commencing your divorce action.
Answer Applies to: California
Replied: 4/17/2013
Law Offices of Frances Headley | Frances Headley
California does not require that you wait prior to filing for dissolution. You can proceed immediately after you separate.
Answer Applies to: California
Replied: 4/17/2013
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
You don't need a divorce - you need a declaration that your marriage was void.
Answer Applies to: New York
Replied: 4/17/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Under Nevada law you have to be a Nevada resident for 6 weeks before you file a complaint for divorce. Based on your detail you should be able to pursue an annulment if she was already married when you got married.
    Answer Applies to: Nevada
    Replied: 4/17/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    If your wife was legally married to another man you married her, then you can get your divorce annulled instead of a divorce. However, you will have to be the one to file for the annulment based on the fact that the marriage was void due to her still being married to another man when the two of you were married.
    Answer Applies to: New York
    Replied: 4/17/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    It appears as through her second "marriage" is invalid, because she was still married to you and couldn't legally marry another person. In California, there is a mandatory six month waiting period before a divorce is granted. The six months has nothing to do with the separation date, it only begins to run after one party has filed the divorce case with the court AND had the other party served with those parents. The six months mandatory waiting period does not mean your divorce is automatically granted on that date, you must either have reached your trial date or file a settlement agreement in order to have the divorce finalized.
    Answer Applies to: California
    Replied: 4/17/2013
    Danville Law Group | Scott Jordan
    Are you sure you need a divorce? If she was married at the time that you "married", your marriage is void and not legal. It is not your fault. You should contact a local family law attorney to review your options.
    Answer Applies to: California
    Replied: 4/17/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, it appears your marriage was bigamous and therefore VOID. It was a criminal act for her.
    Answer Applies to: Michigan
    Replied: 4/17/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon. If you are in New Jersey, call me and I will assist. No charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 4/17/2013
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