Legal Question in Family Law in California
what happens when you just found out that your short term marriage that you divorce filed 25yrs ago never finalized. You and partner went separate ways, never intouch and both re-married. Are there legal consequences. We are in our 60's now.
2 Answers from Attorneys
Well, first of all, that short term marriage is now a long term marriage. That's because you are not divorced. You are only divorced when a judge signs a divorce decree that terminates your marital status, not when you file paperwork at the courthouse.
That also means that your second marriage is null on the grounds of bigamy. Your spouse in your second marriage has putative spouse rights.
I suggest you speak to an attorney and get this cleared up.
Hopefully the old divorce was never dismissed. If that were the case, then you would have to get the date of the divorce to be issued back to a date long ago. Mr. Roach is NOT correct. This is not now a long term marriage. But, you do need competent legal counsel to help you to fix this mess. Good luck!