Legal Question in Family Law in New York

Divorce

Hi I have a very confusing situation.

I was married to a prisioner back in 89..marriage was never consumated or anything. He said he had gotten divorce papers and he filed said he didnt know where I was and got a divorce.

I thought everything was ok..call me stupit or niave.

I got married 10 years ago(in Puerto Rico) and now I heard from his mum that he never got divorced at all..HELP..

Someone told me that the marriage was no good if not consumated..??

This is a very bad situation I think..my husband now knows nothing of this....what can I do..

His mum is telling me if he files for divorce and puts in paper for 30 days(in Texas) if I dont show its done automatically.is this true.. and what of my marriage now...Please help..anything will help..What a mess


Asked on 1/24/08, 1:22 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Divorce

If you were never divorced then your marriage now is void ab initio (was invalid).

Getting a divorce now will not validate your current marriage.

Texas would have to have jurisdiction over the mariage, you would have to be served/or waive service and then yes, he will be granted a divorce upon your default. BUT, you will still NOT be LEGALLY married to your current spouse.

You should consult an attorney ASAP and discuss the possibility of getting an annullment (marriage never existed)from your first marriage before he files for divorce.

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Answered on 1/25/08, 8:35 am


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