Legal Question in Family Law in Maryland

limited divorce and remarriage

I was granted a limited divorce from my spouse in 2007 and remarried. I was told all I had to do was continue her health care benefits have I committed a crime


Asked on 2/29/08, 9:57 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: limited divorce and remarriage

Your remarriage is invalid because you were not finally divorced from your former wife. A "limited divorce" is just a legal separation--you are still married until a judgment of absolute divorce is entered. You will have to reopen the divorce file by filing a petition for absolute divorce, getting that done, and then you can get married. As for your health benefits, you were unclear as to which "wife" you were referring to. Your first wife would still be entitled to coverage since the bonds of matrimony were never officially severed. On the other hand, you could not legally cover your new "wife".

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Answered on 2/29/08, 11:42 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: limited divorce and remarriage

What crime are you being accused of having committed? Potentially there is bigamy, adultery, and fraud in the inducement to obtain insurance. I doubt that any of these crimes are likely.

Assuming you did not carry insurance for your estranged spouse in accordance with the agreement for limited divorce, a civil action may exist. Contact an attorney to discuss.

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Answered on 2/29/08, 6:55 pm


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