Results 1 to 10 of 11

Hybrid View

  1. #1
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Remarrying After a Divorce That May Not Have Been Completed

    Quote Quoting msrmfp
    View Post
    He is sorting through it himself...I was just coming here to get clarification and some advice. I agree he should have been more on top of this. She gave him verbal notice 7 years ago that everything was complete. I am not that trusting and would demand documentation, but that is me. They have no property together or anything else except debt that he has been consistently paying his portion of.

    Thanks. They don't have any property together. That was sold about 6 years ago. I will get him to check with a lawyer locally and see what he can do. I was just trying to get some advice here because this came out of nowhere and neither of us have experience with this type of thing. My biggest concern was the bigamy aspect. The divorce can be taken care of. They have been communicating about their grandchild, etc. for years so the fact that she drops this bombshell now was a surprise to everyone.
    The person who files for divorce files where they live. If she were the one filing she would file where she lives. If there are children and property involved there can be practical exceptions to that however. Custody can only be decided in the state where the children live, so someone might file for divorce in their ex's state if that is where their children live, so as not to have to file a separate case for custody.

  2. #2
    Join Date
    Sep 2017
    Posts
    4

    Default Re: Remarrying After a Divorce That May Not Have Been Completed

    Thank you! That is good to know. This has been a nightmare. I appreciate your help.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Remarrying After a Divorce That May Not Have Been Completed

    Quote Quoting llworking
    View Post
    The person who files for divorce files where they live. If she were the one filing she would file where she lives.
    Following relocation to another state, subject to residency requirements, state law typically allows you to file a divorce case either in the state and county where you are domiciled, or the state and county where your spouse is domiciled.

    In Florida, a divorce case may be filed in either the county in which the defendant is domiciled or the county in which the parties last lived with a common intent to remain married; if the defendant spouse did not reside in Florida during the marital relationship, the plaintiff may file a divorce case in the county where the plaintiff resides.
    Quote Quoting llworking
    If there are children and property involved there can be practical exceptions to that however.
    Just as the division of the marital estate would normally occur in the state where the parties lived during the marriage, a custody case would normally be filed in the state in which the children are domiciled -- but for division of property, if both spouses agree, you can litigate in the location of either spouse's domicile.
    Quote Quoting llworking
    Custody can only be decided in the state where the children live
    Although the UCCJEA follows the six month home state rule for an initial custody determination, the home state may decline jurisdiction based upon a finding that the other state is the more appropriate forum for a custody determination -- and if the parents agree to litigate custody in a state other than the home state, that's near certain to occur. Where there is a dispute, the parent seeking to litigate elsewhere would typically start a custody case in the children's home state, then ask the other court to cede jurisdiction under the UCCJEA.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Remarrying Under the Mistaken Belief That a Prior Divorce Was Complete
    By tatsmom in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 03-01-2014, 07:51 AM
  2. Divorce: Divorce Completed with No Discovery
    By kepp81 in forum Divorce, Annulment and Separation
    Replies: 6
    Last Post: 11-17-2013, 11:20 AM
  3. Property Division: Portions Of Divorce Decree Not Completed Years Later
    By kikime in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-05-2008, 08:28 PM
  4. Divorce: Divorce Almost Completed, But Unsure Of Status of Final Judgment
    By jmac527 in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 08-07-2007, 08:18 PM
  5. Divorce: Remarrying Before Divorce is Final
    By e_makinscott in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 09-01-2006, 05:41 PM
 
 
Sponsored Links

Legal Help, Information and Resources