How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 10580
Experience:  Licensed Texas General Practice Attorney
Type Your Family Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

In 1968 I married and in 1974 my husband and I agreed to divorce.

Resolved Question:

In 1968 I married and in 1974 my husband and I agreed to divorce. He had the papers drawn up, I paid my half for the paper work and assumed that all was taken care of. I remarried and divorced once more and in 1980 married my present husband. While trying to get marriage licenses for these previous marriages for the new ID law in my state for renewing drivers licenses I checked my divorces( Wa. state). Appartantly my first husband never completed the divorce. I know I should have been more pro-active at the time, but now I'm terrified. How can I fix this? I had planned to collect on my present husband's social security as I was a stay at home wife and mother. My present husband (31 years) is the love of my life and doesn't deserve this.
Submitted: 3 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Do you know where your first husband is located, or if he is still living?

Customer:

Yes,to both answers. I haven't had contact with him in a long time but we parted on good terms.

ScottyMacEsq :

First of all, you'll want to get with him and see if he actually did complete the divorce. It's possible that the judge signed it, etc... and that it was just filed incorrectly, or something along those lines.

ScottyMacEsq :

No need going through some legal process if this is merely a clerical error.

ScottyMacEsq :

By the way, the older the legal documents at issue, the greater the chance that it was a clerical error...

ScottyMacEsq :

If he does not have any proof of filing / completion of the divorce paperwork, then you're going to want to go through the process, either where he is currently living, or where you're currently living. The only requirements to getting a divorce in the state of Florida are: 1) that the marriage be declared by one of the partners as irretrievably broken, and 2) that the declaring party (you) be a resident of the state of Florida for six (6) months prior to filing the petition.

ScottyMacEsq :

Now if you are still married, but thought that you were divorced, and have not been in contact with him for some time, this should be a very simple process.

ScottyMacEsq :

That being said, you should still contact an attorney in your area that deals with divorce cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

A simple, uncontested divorce where he consents to jurisdiction, etc... should not be much of a hassle at all, and many attorneys will not charge more than a few hundred dollars for such an action.

ScottyMacEsq :

But if you're still legally married to your first husband, that will mean that once you are actually divorced, you will need to "remarry" your third.

ScottyMacEsq :

Florida doesn't have common law marriages, or common law divorces. If you were married at the time that you married again, legally speaking that's a bigamous marriage (even without your knowledge of it being so) and it is void ab initio (void from the beginning).

ScottyMacEsq :

Again, contact your first husband and see if this is merely a mix-up, as it very well could be, and I hope that it is. But if not, you'll have to go through the divorce process again.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 10580
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney