Is the marriage still legal if our divorce wasn't finalized? 10 Answers as of May 24, 2013

I was involved in an abusive relationship in 1996, had two children and married the man in 2002. We separated in 2003. I filed for divorce in 2007 but I made the error of not filing judgment with the court clerk. I moved in with my boyfriend in 2007 and had a child. I recently found out that my divorce wasn’t finalized and I’m still married. My ex married again in 2010, becoming a bigamist. He had a child and has requested a Child Support adjustment to the support he currently pays me due to having another child.

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Law Offices of Frances Headley | Frances Headley
When a dissolution is not finalized then a subsequent marriage is not legal. The dissolution should be completed and the court can date it back to your original filing. You should discuss how to do this with a family law attorney.
Answer Applies to: California
Replied: 5/24/2013
John Russo | John Russo
He is a bigamist, but he is still entitled to the credit, and also everything you and he have accumulated as of today is still considered marital property, bank accounts, real estate, autos, etc.
Answer Applies to: Rhode Island
Replied: 5/24/2013
Law Office of Michael W. Crosson
Law Office of Michael W. Crosson | Michael W. Crosson
In California, a person is not divorced until a Judgment has been entered. When this happens, the clerk of the court will send out a form to both parties called "Notice of Entry of Judgment." If someone starts a dissolution action, but fails to follow through on the case and obtain a Judgment, they remain married.
Answer Applies to: California
Replied: 5/24/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Probably, if all you have to do is get a piece of paper out of the court.
Answer Applies to: Idaho
Replied: 5/24/2013
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Whether you are still legally married or not will not impact the current case of child support with your ex-spouse. If he is filing for downward modification of child support, then he has to show an unanticipated change of circumstances that has decreased his income by 15% or more from the day of the order. The fact that he has another child is, by itself, not grounds for him to decrease the child support order.
Answer Applies to: New York
Replied: 5/23/2013
    Kunin &Carman | Ishi Kunin
    The fact that the two of you are still legally married should have no bearing on the child support. Generally, you can't reduce child support for prior children by choosing to have additional children.
    Answer Applies to: Nevada
    Replied: 5/23/2013
    Peyton and Associates | Barbara Peyton
    You are still married. Child support modification is probably appropriate if he now has two children to support. The divorce can be finalized at any time and, if your husband wants, he can have the judgment from that case entered nunc pro tunc (Latin for: "now for then") so that his current marriage will be valid from its inception by operation of law.
    Answer Applies to: California
    Replied: 5/23/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Contact an attorney and have a divorce judgment filed now if the court will accept it.
    Answer Applies to: Michigan
    Replied: 5/23/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Based on what you have written you are still married and your husband is guilty of bigamy. This type of bigamy is more common that people realize. As to the child support, under Nevada law your husband is entitled to a downward deviation for this latest child. How much it will be is up to the judge.
    Answer Applies to: Nevada
    Replied: 5/23/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    Your ex's current marriage is not valid. However that will make absolutely no difference in determining child support in your matter. The fact that he has another child will have some impact, but a number of other factors such as his visitation with the children shared between you, your respective incomes, etc. will have a much greater impact. You should consult a family law attorney in your area as soon as possible.
    Answer Applies to: California
    Replied: 5/23/2013
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