Legal Question in Family Law in New York
Legally Married?
My sisters, now ex-husband got a marriage license to marry someone else before he was legally divorced from his 1st wife. He told my sister that he knew that his marriage to the ''second wife'' wasn't legal and that he planned it that way, so that he would have an ''out''. I was wondering if he is actually married to the second wife? Also, he got ''married'' to the second wife one day after the divorce was final. The judge signed the divorce decree on Aug. 11, 2006 but the clerk didn't sign it and record it until the 30th of the same month. He ''married'' his second wife on Aug. 12,2006. He knowingly falsified the marriage license. Is there penalties for this act as well?
1 Answer from Attorneys
Re: Legally Married?
If the divorce was rendered and signed on 8-11-2006, then that is the date that they were divorced. The court retains jurisdiction for 30 days, but since no appeal was filed, it was valid on the 11th. It doesn't matter when the clerk recorded it.
The second marriage is probably not void, but possibly voidable. Since he cannot profit from his misdeed, it is probable that only the 2nd wife can raise the other issues to void the marriage.
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