Legal Question in Family Law in Florida

divorce/remarriage

my ex remarried 9 days before our divorce was final.in florida.what can i do and is his marriage legal?i have also remarried.what should i do?am i still married to my ex?


Asked on 4/03/07, 7:21 pm

2 Answers from Attorneys

Marc Reisman Rosenblum & Reisman, P.C.

Re: divorce/remarriage

The facts in your question are unclear and it would be a good idea to have a consultation with an attorney in your area so that you can have piece of mind about this. However, I don't think (but you will want to confirm with your attorney) that you need to worry about your marriage being invalid. You were divorced before you got remarried. That seems like enough. As for his second marriage, under TN law (and it is unclear from your inquiry what law would apply) he may not be legally married. I am not sure why you would care about that, but there is some recent case law that could lead to the conclusion that since one can not be married to two people at the same time and since he was still married to you when he "married" his current wife, then the marriage was void from the beginning and your subsequent divorce does not necessarily validate his marriage. Again, please do not rely on this post for legal advice but follow up with your attorney with all the facts in order to get a more definitive opinion.

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Answered on 4/04/07, 2:01 pm

Re: divorce/remarriage

In Florida, the burden of proof is the burden to prove that the latest marriage is invalid. If the previous marriage has already been disolved, his/her current marriage, given these facts, should be valid as should yours.

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Answered on 4/03/07, 9:35 pm


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