What do I need to do if my previous wife has remarried yet we never divorced? 21 Answers as of February 08, 2013

If someone is married many years ago and they separate but if the wife has remarried even though there was never a divorce what does the husband have to do.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
There is nothing for you to do but divorce her or not. You did not re-marry, so you are not committing bigamy, she is. Her marriage to husband number 2 is not valid. If you divorce her, it will legitimize her marriage to husband number 2, but until then, she may have had a ceremony but she is not legally married to him.
Answer Applies to: Texas
Replied: 2/8/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
Hire an attorney and file for divorce. Since she's remarried it should be a very simple divorce ? she should agree to anything if she's smart.
Answer Applies to: Texas
Replied: 2/7/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
I don't know that you need to do anything. Sounds like you're still married. However, you may wish to have a conversation with her to determine if she in some way secured a divorce, and from what court, and then look into it.
Answer Applies to: New York
Replied: 2/7/2013
Henry Lebensbaum | Henry Lebensbaum
Time for your divorce.
Answer Applies to: Massachusetts
Replied: 2/6/2013
Coulter's Law
Coulter's Law | Coulter K. Richardson
You two are still married and the new marriage is of no effect. You have to get legally divorced for her to be legally remarried.
Answer Applies to: New Jersey
Replied: 2/6/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    the problem is hers as far as her current marriage and you are not liable for her actions but you need to make sure there are no assets acquired during the marriage that need to be resolved.
    Answer Applies to: Georgia
    Replied: 2/6/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The wife has entered into a void marriage which is considered bigamous. If the husband (the first one) wants a divorce, then he can file for one. The fact that her second marriage is invalid isn't really the first husband's concern.
    Answer Applies to: California
    Replied: 2/6/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    File for divorce as soon as possible. Talk to an attorney about this case.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If you want to be able to legally say you are not married, you need to file for a divorce. Your wife's "remarriage" is legally invalid, but has no significance to your situation. If were not divorced, you are still married and if you later try to remarry you will also be guilty of bigamy.
    Answer Applies to: Colorado
    Replied: 2/6/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Husband should file for divorce and put the date of separation years ago. Fact that wife has remarried is her problem - it's bigamy, she's married to both of you.
    Answer Applies to: California
    Replied: 2/6/2013
    John Russo | John Russo
    Not get married yourself! Look there could be some issues here since no matter how long you have been separated everything you have up to this point will still be considered a marital asset, and subject to equitable distribution, and also don't count out the fact that she may have really divorced you, unless you are 110% sure she did not, here is why. Say she filed for divorce and at the time she told her lawyer or if she did it herself she could have told the process server the same thing, this is his address, and say you did live there many years ago, now the lawyer, or the process server says the same thing the lawyer says my guy the server says I have been out to this address 6 or 7 seven times and no will answer, now your ex can say he lives there I am 100% positive, so now they file a motion with the court asking for alternative service, along with that motion the process server simply does an affidavit stating that, "I so, and, so, dully licensed in such and such a state, hereby state under oath that I went to the above address on these 6 dates, that the lights were on or there was a vehicle out front, but no would come to the door, I believe they are avoiding service", they are not really lying, they are being told a lie, i.e. you do live there. The court grants what we call a tack on, it means what it says, the server returns and nails it to the porch, door, whatever, and you are served. When the first court date comes up she is there, and you are not, the court checks the file see's the return of service there, and you my friend are defaulted, she gets whats she wants for the most part. There was a collection company that made 10s of millions of dollars doing this a few years back, they would put cases into suit use an old address that even they new the people no longer lived at, then ended up getting a default judgement on people who had no clue, and enforced the judgments down the road and had people's pay checks attached etc. the best part was the courts made them stop, but no one could show by clear and convincing evidence that they did anything wrong, why? Because at some point these people did live at that address that was tacked on, and their claim was we followed the rules this was the last and best address we could find. So check with your local courts on the divorce issue, but either way talk to a lawyer in your jurisdiction.
    Answer Applies to: Rhode Island
    Replied: 2/6/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Well your wife's new "marriage" is void if she is still married to you. You should seek to protect your legal rights and straighten out your marital status.
    Answer Applies to: Nevada
    Replied: 2/6/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have to do nothing if you are will to remain married to her. Otherwise divorce her. IF you are correct, her "new" marriage is bigamous and void.
    Answer Applies to: Michigan
    Replied: 2/6/2013
    Peyton and Associates | Barbara Peyton
    If there never was a divorce, both of you are still married and another marriage constitutes bigamy, Someone better take some action with the courts to clean up this mess. Good luck!
    Answer Applies to: California
    Replied: 2/6/2013
    Carey and Leisure | John Smitten
    Her marriage to the new guy is void. She needs an annulment, you and she need a divorce.
    Answer Applies to: Florida
    Replied: 2/6/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The first husband does not have to do anything as her second marriage does not impact the first husband. The second husband can file to annul that marriage as it would not be valid. But that is for the second husband to decide to do.
    Answer Applies to: California
    Replied: 2/6/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need a divorce from her.
    Answer Applies to: New Jersey
    Replied: 2/6/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    If you are still married to your previous wife and she remarried, then that remarriage is not a valid marriage. You do not necessarily have any obligation to do anything, although you are free to inform her current spouse and the city clerk of these circumstances. You may also want to check with court records to ensure that you never were legally divorced, and that she did in fact become legally married to a new individual.
    Answer Applies to: New York
    Replied: 2/6/2013
    Marion E. Ellington, Jr. Attorney at Law, PC
    Marion E. Ellington, Jr. Attorney at Law, PC | Marion E. Ellington, Jr.
    A prior un dissolved marriage coupled with a remarriage to someone else is bigamy. You would still need to file for divorce from your spouse.
    Answer Applies to: Georgia
    Replied: 2/6/2013
    Stotz & Quayhackx, P.C. | Thomas A. Stotz
    The second marriage is not valid. It does not affect the validity of the first marriage.
    Answer Applies to: Michigan
    Replied: 2/6/2013
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