Legal Question in Family Law in New York
Bigamy and Post Dated Divorce
My husband i split 2-2001. He stayed in NY and I returned to Ca. Our divorce has been filed in NY. Now it has been kicked back from the jude and I have been told i need to resubmitt the ''Affidavit of Defendant in Action for Divorce'' This was sent back in June. A week later (June 2002)my not-so-soon-enough ex remarried in the stae of FL. Now all logic tells me that the 2nd marriage is not legal, BUT I have been told that when I resubmitt the Affidavit the divorce will be post dated back to April 1st (the original finalization date) Is this possible and if so would that then make the 2nd marriage a legal and valid marriage?
1 Answer from Attorneys
Re: Bigamy and Post Dated Divorce
It sounds as though he jumped the gun, just a tad.
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