Legal Question in Family Law in North Carolina

My friend is Currently on her 3rd marriage and has just been told by her 2nd husband they are still married. He told her prior that they were legaly divorced. There is even documentations from a law enforcement officer that shows he told the officer they were diviorce. He has now threaten to call the police on her because she is married to two people since he is now saying that he never did do the divorce. Could she be charged with a felony for this and what steps should she take. Ty


Asked on 8/07/11, 5:48 pm

1 Answer from Attorneys

I know that you are trying to help, but its not ethical for me or any other attorney to discuss your friend's case with you.

Your friend needs to see a family law attorney immediately. Now, why would there be documentation from a law enforcement officer? This has no effect. Officers know only what they are told by someone else. Saying it to an officer does not make it true and does not cause people to be divorced if they are still married.

Your friend should not listen to what her supposedly ex-2nd husband says, but she needs to find out if there was a divorce decree entered. If so, there will be a record of it in the court. She needs to check with the court where a decree would have been entered if the 2nd husband filed.

She can be charged with bigamy - whether that will go anywhere is anyone's guess. If she is not divorced, she needs to get divorced from husband #2 and then she can re-marry husband #3 after she is legally divorced.

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Answered on 8/08/11, 10:44 am


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