Legal Question in Family Law in Florida

Bigamy

How would one go about getting a divorce in the result of a bigamist. I recently was put under the belief that I was divorced from my ex-wife, she called and notified me about the recent divorce and she told me I should be receiving paper work in the mail. Well, after about 6 motnhs after this I hadn't received any divorce paperwork. So I did a staterwide search with Florida vital stastics for the divorce record and it came back to me that there was no record of divorce between me and her. I did a background check on her and it came up that she was married to some other person. I was wanting know what could I do in order to be legally divorced from her without going through all the motions of filing for a divorce and not breaking up her happy home. I just don't want to be married to her while she is married to someone else.


Asked on 9/18/07, 11:26 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Bigamy

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.

There is no way to avoid the filing of a divorce action if your wife did not file and receive a final judgment previously. What you described is a serious criminal offense. You need to talk to her and give her the opportunity to prove that she obtained the divorce previously. Computerized searches are not infallible.

Scott R. Jay, Esq.

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Answered on 9/18/07, 12:26 pm


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