Legal Question in Family Law in Florida
1st Marriage Never Dissolved
My late fiance was married at age 17 in 1970; his 1st wife never divorced him-she died 4 yrs ago in NY, at which time it was discovered he & she were still ''married'' even though they had not been together in years. He thought the ''marriage'' was just a sham set up by his mother because the girl was pregnant--his daughter from that marriage lives in NY. He several years later married again in Florida, that marriage lasted 9 years & produced 3 children & was dissolved in divorce in 1993. Would the 2nd marriage be illegal due to the 1st marriage never having been dissolved in NY? He died this year 2007 & there is a bitter battle waged between the NY daughter & the 3 Florida children. Would their right to distribution of the pay out be affected by the two marriages?
1 Answer from Attorneys
Re: 1st Marriage Never Dissolved
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The legitimacy of the marriage does not affect the rights of the children. If they are his kids, they should have equal rights whether or not he was married to the mother unless a will states otherwise.
Scott R. Jay, Esq.
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