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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12573
Experience:  Attorney
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My 1st husband went back to his home which is Botswana and

Customer Question

My 1st husband went back to his home which is Botswana and he sent me some divorce papers I signed them and sent them back this was 2004 and I got married again four years ago well we are going thru a divorce and he now tells me I'm going to jail cause my divorce papers was never filed by my 1st husband we have a two year old together and I just had major back surgery I'm so afraid I don't want to go to jail I can hardly walk
JA: In what state did this occur?
Customer: Mississippi
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Should I just go to the police station he beat me our entire marriage and 2 months ago he beat me again and I called the cops and they came took pictures and they are looking for him also we been living apart for 15 months me and the second husband
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Brandon M. replied 3 months ago.

Good evening, my name is Brandon. What makes your second husband think that the first divorce wasn't finalized?

Expert:  Brandon M. replied 3 months ago.

Regardless of whether the first divorce was finalized, this happens more often than you might think. Bigamy is a crime, but this sort of mistake happens in about 1-2% of divorces. Law enforcement isn't interested in arresting or prosecuting someone who thought that they were married but were mistaken. Law enforcement only goes after those people who knowingly maintain more than one marriage at a time. If you had two husbands on opposite sides of the city, and you visited and spent time with each of them like they were your spouses, then you would have a criminal problem. Where a spouse has left the country over a decade ago and where the divorce paperwork was completed but accidentally not filed, law enforcement has no interest whatsoever in pursuing that sort of case. If your first divorce hasn't been finalized, then that's something you will need to straighten out. But based on what you've said, you're in absolutely no danger of being arrested or put into jail. Don't lose any sleep over this. There's no need to go to the police station or get law enforcement involved just because you made a mistake.

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