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  1. #1
    Join Date
    Aug 2013
    Posts
    2

    Default Impact of an Invalid Divorce on Remarriage

    My question involves a marriage in the state of: Alabama

    My first husband and I 'divorced' in 1989 in the State of Georgia (we were married in Alabama). However, when I went to get married to my now husband in 2001, we needed the final decree from my first marriage. Well, I could not find one. The law office that supposedly handled my divorce from 1989 said that there was never a final decree filed.. .probably due to non payment of filing fees. Therefore, my first husband and I were technically still married. I went through the steps to take care of the divorce (in Alabama) and I got my final decree in 2001.

    My question is if my first husband remarried during that time prior to my final decree in 2001, would his marriage be void...? Also, he has remarried in Canada and I was wondering if that made any difference...?

    Thanks for any input,
    Lkscales

  2. #2
    Join Date
    Apr 2009
    Location
    Inland Empire
    Posts
    1,410

    Default Re: Divorce: International Bigotry

    Quote Quoting Lkscales
    View Post
    My question involves a marriage in the state of: Alabama

    My first husband and I 'divorced' in 1989 in the State of Georgia (we were married in Alabama). However, when I went to get married to my now husband in 2001, we needed the final decree from my first marriage. Well, I could not find one. The law office that supposedly handled my divorce from 1989 said that there was never a final decree filed.. .probably due to non payment of filing fees. Therefore, my first husband and I were technically still married. I went through the steps to take care of the divorce (in Alabama) and I got my final decree in 2001.

    My question is if my first husband remarried during that time prior to my final decree in 2001, would his marriage be void...? Also, he has remarried in Canada and I was wondering if that made any difference...?

    Thanks for any input,
    Lkscales
    Why are you worried about his circumstance?

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Divorce: International Bigotry

    Quote Quoting Lkscales
    View Post
    My question involves a marriage in the state of: Alabama

    My first husband and I 'divorced' in 1989 in the State of Georgia (we were married in Alabama). However, when I went to get married to my now husband in 2001, we needed the final decree from my first marriage. Well, I could not find one. The law office that supposedly handled my divorce from 1989 said that there was never a final decree filed.. .probably due to non payment of filing fees. Therefore, my first husband and I were technically still married. I went through the steps to take care of the divorce (in Alabama) and I got my final decree in 2001.

    My question is if my first husband remarried during that time prior to my final decree in 2001, would his marriage be void...? Also, he has remarried in Canada and I was wondering if that made any difference...?

    Thanks for any input,
    Lkscales
    Its bigamy, not bigotry.

    We don't know Canadian law here, but its possible that his current marriage is void or voidable. Have you told him what happened?

  4. #4
    Join Date
    Aug 2013
    Posts
    2

    Default Re: Divorce: International Bigotry

    HAHA! Forgive me for the typo... huge difference in bigamy and bigotry. My mistake.

    Yes, I have told him and it was more or less just a curiosity. We did parted amicably and are not enemies so I would want a "heads up" if the tables were reversed. He does not seem bothered by it and it may not be a concern in Canada. I just wanted some feedback really - I wasn't going to do anything out of malice.

    I appreciate your time and I wasn't expecting you to know Canadian law.... Sorry to have bothered you. :-)

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Divorce: International Bigotry

    He is unlikely to be prosecuted for something that cannot be proven intentional.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Impact of an Invalid Divorce on Remarriage

    Quote Quoting Lkscales
    View Post
    My question is if my first husband remarried during that time prior to my final decree in 2001, would his marriage be void...?
    Void or voidable, depending on the laws of Canada.
    Quote Quoting Lkscales
    Also, he has remarried in Canada and I was wondering if that made any difference...?
    Canada is a different country with its own laws.

    You should have served him with divorce papers back in 2001, and a copy of the judgment when that divorce was complete, so I'm not sure why he would still need a "heads up", but if for some reason he wasn't served by all means, warn him. If he didn't know about it, you don't want him, somewhere down the line, to challenge the validity of that 2001 divorce.

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