Legal Question in Family Law in Florida
bigamy
My ex-husband and I finalized our divorce in NY in 9/2002,
however the papers were not officially signed by the judge until 1/2003. My ex remarried in FL in 11/2002, two months before the divorce papers were signed. Is he legally married?
3 Answers from Attorneys
Re: bigamy
I do not think your ex is legally remarried.
Re: bigamy
This is not as unusual as you might believe. There was an 'LA Law' episode on this very point.
No District Attorney will prosecute this matter. The government will likely ignore it in the future.
Thge place where it might have relevance is in his testamentary dispositions (his last will and testament).
Dispositions to the new wife could be challenged on the basis that there was no legal marriage. But even this is thin. If he dies without a will, then she could be prevented from inheriting on the basis of the law providing for a 'widow's portion'. This could happen.
One thing that can be said with certainty: this is not a problem for you. It odes not in any way affect your status.
Re: bigamy
If the divorce was "finalized" 9/2002, eventhough, the Judge did not sign the papers until 1/1003, the divorce was actually, granted 9/2002. And, the Judgement probably reflects the date the Judge decided to "Grant and Order the Divorce."
Good luck,
Phroska L. McAlister,ESQ
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