Legal Question in Family Law in Tennessee
My mother and step-father are getting a divorce (in TN). My step-father has contacted a lawyer who claims that their marriage license of 23 years is illegal/forged/etc... It was said that her SS# didn't match up to her age (they do not realize that there was a typo and she has a new version with the age correction). The license is from KY. He also claims that my mother has done something with "his" money ($200,000+) and is threatening to prosecute. She claims that he spent it all and that she hasn't moved anything. These bank accounts in question are joint and have both of their names on it. My question is, can he prosecute for anything? Even if they were not ever married, these are joint accounts they are using. What are the legal ramifications here? Also, they've always filed their taxes jointly as being married. If it turns out that their marriage is void, what are the implications of that?
1 Answer from Attorneys
Tell your mother to not be in the least concerned. It is most likely that the entire "what my lawyer says" is made up or has become significantly embellished by your step-father. No ethical lawyer would make such statements or allegations.
If, in fact, under Kentucky law, your mother was not legally married to this man, that may have some bearing on how a divorce court in Tennessee would handle assets and such, but it does not pose any threat of criminal prosecution to you mother.
If the marriage was invalid, it could be voidable, but it is not automatically void after all these years. But assure your mother she does not need to worry too much about all thus bluster.
John R. Meldorf, III
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