Legal Question in Family Law in New York

void marriage

I was married 30 years ago and recently found out that I was divorced in 1988. I went to court and was issued a reinstatement to the matrimonal calendar as if the divorce never occured based on fraud. My husband was married to someone else from 1991 and divorced in 1997 which should have been annulled since he was pressured to do to protect his assests and not get sued. I just learned about this. My husband never left me in then 30 years so I would never know. I want this 6 year marriage legally void since if never should have happened. Does this require a legal action or is void without legal action and how do I get the other party to be informed. thanks


Asked on 6/23/07, 9:54 am

2 Answers from Attorneys
Kristen Browde Browde Law, P.C.

Re: void marriage

You have an immensely complicated legal situation which can not be appropriately considered in this format. In order to protect your rights, you should consult a qualified matrimonial attorney in your area.

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Answered on 6/23/07, 12:10 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: void marriage

A re-instatement to matrimonial calendar, without more, does not vacate the judgment of divorce.

If I understand your question, you were married to him and didn't know he "divorced" you and married someone else because he never left you? You need to vacate the (default)judgment of divorce probably on jurisdictional grounds (you weren't served).

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Answered on 6/23/07, 7:52 pm


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