Legal Question in Family Law in Georgia

Divorce

My wife and I got married in New York (1999). I recently found out from my supposedly ex-wife that she never filed the divorce papers she had me sign. We had been separated for two and half years prior to me marrying my present wife. I need a divorce attorney. What is my present marriage status. My first wife and I were married in Georgia.


Asked on 8/11/03, 11:22 am

3 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Divorce

Legally, you are still married to your first wife. You need to have her go ahead and file those papers if she still will. Then you probably need to get a "quickie" re-marriage with your second wife. You can do that by appointment in the magistrate court. Or, you could make a vacation of it and do it in a place such as Nevada, Bahamas or Barbados where fewer questions will probably be asked.

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Answered on 8/11/03, 12:02 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Divorce

You can also have your wife try to make the divorce decree retro. She may have to file a special motion for this. If she can succeed, it will automatically validate your present marriage without need for further action.

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Answered on 8/11/03, 12:04 pm
Otto Ferrene, jr. Ferrene & Associates, PA

Re: Divorce

In South Carolina you are just not allowed to have two wives. Go to a South Carolina attorney and apply for a no fault divorce based upon separation for a year. There is no waiting preiod requirement. If your wife gives her consent, it is possible to file and have the final divorce hearing on the same day in South Carolina. Court scheduling may get in the way of planning for such a fortunate hearing date.

Then get a marriage license and marry your present wife again. She would probably like to hear you recite your vows again.

By the way, having two wives in South Carolina is not legal; its called bigamy.

Good luck!

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Answered on 8/12/03, 11:27 pm


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