What can I do if my divorce was never filed? 31 Answers as of July 09, 2013

I got married a month ago and now find my divorce from two years ago was never filed. What can I do?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
File and proceed in a divorce case against your husband. Once that divorce has been entered by the Court, remarry your "new husband".
Answer Applies to: California
Replied: 9/26/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
File it now. Technically, you are still married to your estranged spouse. Your marriage a month ago is not valid. It will become valid when you remove the legal impediment (ie the prior marriage).
Answer Applies to: Texas
Replied: 9/26/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
You will have to go through the divorce process, then plan to do another marriage ceremony (courthouse?) six months after the divorce is final - as your current marriage is void in Wisconsin.
Answer Applies to: Wisconsin
Replied: 9/22/2011
Reza Athari & Associates, PLLC | Riana Durrett
Your attorney may need to get creative on this one, for example, if you are still in contact with the ex-husband then perhaps he will agree to put in writing that decree was not filed due to mistake or inadvertence and the record can be amended.
Answer Applies to: Nevada
Replied: 9/21/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You've committed a serious crime and can go to jail. It's inexcusable. If you had a lawyer, he would tell you when the case was filed and final. If you did something foolish and filed pro se, you should have known when and if it was final. You have a legal emergency and have to get a good lawyer now to (1) complete your divorce, and (2) do an annulment and (3) try to keep you out of prison.
Answer Applies to: Georgia
Replied: 9/20/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Your current marriage is not valid. You need to obtain a divorce and then remarry. Consult with a family lawyer regarding obtaining a divorce in your particular situation.
    Answer Applies to: Georgia
    Replied: 9/20/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Your present marriage is void as a bigamous marriage. You should contact an attorney as soon as possible so that your divorce can be filed and so that you may marry your present partner.
    Answer Applies to: California
    Replied: 9/20/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    As you are not divorced, your current marriage is not legal. You need to complete your divorce and then get married again.
    Answer Applies to: Ohio
    Replied: 9/20/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    You should file for divorce as your new marriage is void, then get remarried once the first divorce is final.
    Answer Applies to: Arkansas
    Replied: 9/20/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You do not have a valid marriage to your current spouse. You need a divorce. Please consult an attorney as soon as possible.
    Answer Applies to: California
    Replied: 9/20/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    The marriage from one month ago will not be a valid marriage until you get that first marriage dissolved. Check the court records from the first marriage and determine what needs to happen for a final judgment.
    Answer Applies to: California
    Replied: 9/20/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You have to file for divorce from your first wife.
    Answer Applies to: Oregon
    Replied: 6/25/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    File for a dissolution of your first marriage.
    Answer Applies to: Washington
    Replied: 9/20/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Get a divorce now and get married again.
    Answer Applies to: New Jersey
    Replied: 6/23/2013
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    This depends on what you mean by it was 'never filed'. If you appeared in court and a judge announced you divorced but the certificate form was never submitted to the State - then, you may need to get a copy of the divorce entered by the court and ask that the court get a certificate filed as quickly as possible. If you never appeared in court, though, and you never had a formal divorce, you will need to do that and then probably have another marriage ceremony with your current wife after the divorce goes through.
    Answer Applies to: Illinois
    Replied: 9/20/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Your marriage is null. The divorce needs to be completed immediately, and you should then get remarried. You need to tell your spouse of the mistake right away. If you had a reasonable and honest belief that you were divorced already, you are not guilty of the crime of bigamy but you need to remedy the situation as soon as possible.
    Answer Applies to: Louisiana
    Replied: 9/20/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You should file for divorce immediately. Your current marriage is null and void and will need to be re-performed after the divorce is final. You should consult with an attorney immediately. Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website.
    Answer Applies to: Florida
    Replied: 9/20/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I would start by asking your attorney from two years ago what happened. If you are really sure your divorce was not filed, I would suggest you consult a domestic relations counsel about the need for an annulment until your first marriage is over.
    Answer Applies to: Ohio
    Replied: 9/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    First, you must seek to finalize the divorce proceeding. Second, your second marriage would be deemed void which means that the marital relationship must be reaffirmed after the previous divorce is finalized.
    Answer Applies to: Minnesota
    Replied: 9/20/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    I suggest you file immediately because right now, you are a bigamist, and that is against the (criminal) law.
    Answer Applies to: New Jersey
    Replied: 9/20/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    I hope that you do not get in trouble for bigamy and that you should have been divorced in a different state than that in which you just got married to help your anonymity. Hire counsel immediately to file for divorce.
    Answer Applies to: Pennsylvania
    Replied: 9/20/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Your new marriage is not valid because your old marriage had not been dissolved. Therefore, I would think that the first thing to do would be to finish the old dissolution. Once that old dissolution has been completed, go ahead and remarry your new "spouse."
    Answer Applies to: Washington
    Replied: 9/20/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    If you were still married at the time of your wedding then, in Georgia, you are technically not married or you could be accused of bigamy. What you will need to do is get divorced from your previous relationship, and then get married to your current significant other.
    Answer Applies to: Georgia
    Replied: 9/20/2011
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