Legal Question in Family Law in Florida
Subject: Divorce,
My father in law never got divorced from his first wife, they have not been together in over 40 years. He has been living with his common-law wife for 40+ years. They retired and move to florida about 7 years ago. Does he still have to file for a divorce or a legal separtion? If so, in what state, Florida or New York? As far as his pension is concerned, who is entitled to these benefits, his common-law wife of 40+ years or the wife he never divorced from?
2 Answers from Attorneys
Re: Subject: Divorce,
Suggest your mother-in-law drag your "father-in-law" to a lawyer ASAP. The fallacy your family is suffering from is that there never was a common law marriage. The man already had a wife. And he still does.
All of his pension and social security benefits, etc., would go to his WIFE, not to your mother-in-law. He probably does not have a will, so that if he dies intestate, your mother-in-law would get nothing from his estate.
Litigating in New York would be a big mistake for him. He has no grounds for divorce, and there is a five year statute of limitations on any grounds he may have had.
Since he is a Florida resident, he should file for divorce there. Florida is a no fault state, so there would be no problem with grounds.
BTW, if he happens to already have a will, make sure it refers to your mother-in-law by name, and not just as his wife. By now you should understand why.
Hope this helps.
www.BravermanLawFirm.com
Re: Subject: Divorce,
In order to protect the person he has been with for 40 years, he should obtain a divorce. He is still legally married and the legal wife can assert her rights which she would not have should he get divorced.
If he wishes to pursue the divorce in NeewYork, let me know if I can be of help.
Daniel Clement
__________________________________
Law Offices of Daniel E. Clement
350 Fifth Avenue, Suite 3000
New York, New York 10118
Tel: (212) 279-6194 Fax: (212) 695-6007
E-mail: [email protected]
Website: www.clementlaw.com
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