Legal Question in Family Law in Kentucky

Divorce set-aside a year after decree and

I have live in Lakeland FL for 10 months. I was divorced in KY July 5, 2001 and received a divorce decree signed by a judge & remarried in KY on July 31, 2001. Late last month, almost a year after the divorce, the same KY court ruled the divorce decree be set aside and declared ''null and void'' because the lawyer I had filed it too early. The court decided this created lack of jurisdiction due to residency requirement and set aside the decrees. The commissioner noted in his decision I would be in jeopardy of being charged with ''bigamy''. But, I have a defense having had a divorce decree from that court. This also null and voided the sole custody I had of my son and child support order. I have lived in FL since August and have filed for divorce from my first original husband, pro-se, here.

My question of law: Is my second marriage automatically null and void without further action? Or is an annulment necessary as a matter of law? If so, in what state, KY or FL?

The original divorce and the legal fees attempting to keep the divorce decree have wiped me out financially.


Asked on 6/28/02, 7:38 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Divorce set-aside a year after decree and

What a mix up! I do not know Kentucky law however, I must assume since you were still married when you married in Kentucky, your 2001 Kentucky marriage would considered void. Once you get your divorce you can remarry in Florida. Good luck.

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Answered on 6/28/02, 8:05 pm
Philip Owens Philip M. Owens, Attorney at Law

Re: Divorce set-aside a year after decree and

Who questioned the Ky divorce? Did you have notice of this hearing? It would seem that the issues of jurisdiction should have been resolved during the first divorce. Did you have notice of the hearing to set aside the divorce? You were entitled to that. What did the Court mean by "Too Early"? Did you live in Ky for a continuous period of 180 days before filing? That is the only time period that would matter. The technical effect would be that you would still be married in Ky and the second marriage would be void. You need legal counsel. This is not pro-se territory. At least go in for an office call to someone or call your former attorney.

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Answered on 6/29/02, 5:28 pm


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