Legal Question in Family Law in New York

Re: Am I really Married?

Clearly, you are married. Your question asks if you can avoid the expense and stress of a formal divorce. The answer is : legally no. But can you be prosecuted for bigamy (having 2 wives or husbands) if you marry again without a divorce - no. The government must show proof that you were married in the first palce and the flood destroyed the only record.

So on criminal grounds you are safe. You can protect yourself on civil grounds (this would show up where the wife/husband would try to claim the estate of the other after death) by contracting to make no claim of the estate of the other. This is a simple thing and I would charge $150 to draft the document.

On the other hand, in this matter (because it is so simple) I would charge $250 for the whole divorce.

Make your own decision, but I recommend the divorce.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

Re: Am I really Married?

Absolutely.

It is better not to be "penny wise" and a "pound fool."

Somehow, matters left unaddressed have a way of coming back to affect us in ways that are not good.

I've seen many instances where people believed they were married for 40 and 50 years only to find out their "deceased spouse" was married to another who then claimed ALL OF THE ESTATE assets

the two "thought to be married" couple spent an lifetime accumulating.

Spend the time and money to clear this matter up. Get your divorce!

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

Re: Am I really Married?

If a marriage ceremony was valid in the country where it took place, then New York law considers you to be married. If you fail to obtain a divorce, any later marriages would be invalid. Upon your death, your first wife would be entitled to a part of your estate even if you left a Will which did not name her at all!! If you both agree to the terms of the divorce, then the costs can be kept down to a minimum.