Legal Question in Family Law in District of Columbia

Re: Legally Married??

Yes. So long as you were legally divorced at the time you married your second marriage, your second marriage was not voided by the lie, however your husband is in jeopardy of a perjury charge if he knowingly lied when he filled out the form if it includes the clause that he is verifying or swearing to the truth of the information provided.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Re: Legally Married??

Yes, I would say that you're legally married, and, no, there should be no need to consult any lawyers any further on this matter as it currently lies. (This might well qualify as one of those proverbial "sleeping dogs" that you may wish to step carefully around--particularly the perpetrator of the alleged falsehood.)

Re: Legally Married??

Short answer--yes. Caveat--technically, he committed perjury and filing a false instrument, which if this happened less than five years ago, is still ripe for a criminal charge. Leave it alone about the false statement, and if you want to get divorced obtain experienced counsel.

For more info on NY law and legal forms go to:

http://justiceneversleeps.net

Re: Legally Married??

Yes, you are legally married, provided you were divorced, and otherwise free to marry another, at the time of your marriage to your current husband.

Thus, If you were "legally divorced," at the time of your second marriage, the misrepresentation on your application, is irrelevant except for State "record keeping" "violation" purposes.

In addition, (and contrary to the other attorney's response, re possible perjury issues for your husband), the "lie" or misrepresentation you refer to, on your marriage application, if raised, at any time, will most likely be considered as YOUR lie, and misrepresentation, Not your husband's.

YOU are the "Co-Applicant," on the marriage application, that the "mis-information" on the application is about. It is YOUR, marriage and divorce history, that YOU claim was requested. You had an affirmative obligation to truthfully disclose same, on your application, to YOUR OWN knowledge.

Good luck,