Legal Question in Family Law in California
15 years ago I was incarcerated and my wife at the time told me she filed for divorce. And when I got out she was remarried to someone else. Now I just got married and my exwife called my new wife and said that I am stilll married to her. So we got the paperwork and she did file but never went to court to finalize it. She is still married to that man. So my question is this How do I resolve this problem? We were married in Reno Nevada in 1983.
2 Answers from Attorneys
If you both want to avoid bigamy charges, you must get your current marriages annulled, complete the divorce she started if it is still open at the court, or file a new divorce if it is not, and then remarry your current spouses. I know that's a big chore, but there is no other legal way around it that I can think of.
It may be possible to have a Judgment dissolving your marriage entered now in the previously filed dissolution action, and have the Judgment be effective prior to your current marriage. A complete review of the facts and the previously filed papers would be needed.
This answer is not intended to create, nor does it create an attorney-client relationship. The answer is provided for education purposes only and is not to be considered legal advice. The answer is based upon the facts provided in asking the question. Additional or different facts could change the answer. An attorney should be consulted to obtain legal advice in order for you to understand your legal rights.
If you would like to obtain legal advice about your situation, I am available to consult with you at your convenience. The initial consultation (30 minutes) is free. If you would like my assistance, please contact me at 916 925-6005.
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