Legal Question in Family Law in North Carolina
Our son filed for a divorce after 1 year separation and his wife had 30 days to contest. The date of the filing was December 18, 2015. On January 20, 2016, after no feedback, he was granted the divorce. He was remarried this afternoon. Upon arriving home, he received a registered letter stating that his expire did contest and was dated January 13, 2016 but delivered on January 21, 2016. It has been determined that she recorded the incorrect file number on the filing. Is his new marriage legal?
1 Answer from Attorneys
It is for now. However, if she is successful in having his shiny new divorce judgment set aside (and she very may well), his new marriage will likely be void as bigamous (which can be prosecuted as a felony). It sounds an awful lot like your son did his own divorce. If so, this type of potential problem is exactly why doing your own legal work when you don't know what you are doing is really not a smart idea. Kinda like trying to rebuild you cars transmission when you aren't a mechanic. Any lawyer worth their salt would have advised him to wait at least 30 days after the judgment was issued before getting remarried to avoid just this sort of thing. At this point things could go either way. It could work out OK or things could go really bad. If he doesn't have an attorney - he needs one ASAP before he mucks this up anymore than it already is. Best of luck!.