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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87763
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter filed seperation papers when her husban left her

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My daughter filed seperation papers when her husban left her and went to Florida. He signed the papers and in May the year will be up so she was trying to get the paper work together to file for a divorce. two weeks ago it came to light that her husban has re-married in Florida. he did not file for divorce and now we do not know how to proceed as he is very nasty to her when she tries to talk to him. What would you advise. She does not have the money to travel to Florida and i would be afraid for her safety as he has been known to get violent.i need to add they have a 5 year old son.
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only - not legal advice - so no attorney-client relationship has formed.

I am sorry for your daughter's situation. Actually, she can proceed as planned and divorce. Just because he is re-married, does not mean that she cannot divorce him still.

In fact, his marriage is void because any marriage without a prior divorce is void. But this does not change anything - if he's already signed the papers, she is to simply go through with the divorce as needed.

I hope this finds you well. If you still need information, hit reply so we can chat more until you are satisfied. If you are satisfied, please do not forget to conclude the question. You may always come back to it to ask a follow up free of charge. If you feel I went the extra mile, a bonus would be appreciated. You can always link to my profile for another question at a later time: www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.
getting the divorced is a cost he would not occure and this is his 5th marriage. i can not believe there is not some way to have him get the divorce if he has remarried which i believed it was a crime to be married to two women at the same time. my daughter is barely getting by and working two jobs and if he wants to marry should he not have to get the divorce, or should he not go to jail. he thinks he can get by with anythin as long as he screams and cusses.
Expert:  Ely replied 2 years ago.
Hello,

I understand that divorce may cost a little to file, but she does have to file it. If she lives in VA and he lives in FL, she can file in either state. Note that both states allow the Courts to waive fees associated with divorce if she files a Pauper's Affidavit and has it approved.

Perhaps I misunderstood your question. You asked "What would you advise." I took that to mean if your daughter can still file a divorce and we know that she may. If you are asking if you can get him into trouble, the answer is yes.

FL 826.01 states: "Whoever, having a husband or wife living, marries another person shall ... be guilty of a felony of the third degree, punishable by (usually) up to 5 years in prison and a $5,000 fine.

http://www.flsenate.gov/Laws/Statutes/2011/Chapter826

So she can report him and perhaps the local authorities may prosecute.

I hope this finds you well. If you still need information, hit reply so we can chat more until you are satisfied. If you are satisfied, please do not forget to conclude the question. You may always come back to it to ask a follow up free of charge. If you feel I went the extra mile, a bonus would be appreciated. You can always link to my profile for another question at a later time: www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.

would there be any repacussions to her if he was reported?

i am not happy that he laughts off putting my daughter through hell and there is only a maybe that he will have to answer for his actions. this has to stop.maybe my question was a little missleading as i wanted to be polite. maybe i should ask how do i make him pay for his crime and not laugh it off like he has done before.

Expert:  Ely replied 2 years ago.
would there be any repacussions to her if he was reported?

No.

i am not happy that he laughts off putting my daughter through hell and there is only a maybe that he will have to answer for his actions. this has to stop.maybe my question was a little missleading as i wanted to be polite. maybe i should ask how do i make him pay for his crime and not laugh it off like he has done before.

Was he married to someone else before he met her and is he still married to the person before her? If so, then she can seek an annulment. She may also have him admonished in Court for his behavior, and of course, the criminal sanctions still apply.

I hope this finds you well. If you still need information, hit reply so we can chat more until you are satisfied. If you are satisfied, please do not forget to conclude the question. You may always come back to it to ask a follow up free of charge. If you feel I went the extra mile, a bonus would be appreciated. You can always link to my profile for another question at a later time: www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.
he was divorced when they met, but it has always been the wives fileing for divorce just to get out of the situation.putting it bluntly he has made their life so bad they just want out.getting the divorce is a no brainer, but he has gone to far now by marrying while he is still married and he needs to realize bullying and " if you don't like it get out" attitude is not a game he can continue. put it this way, he has joked to his friends about how he feels he can get away with anything and i WANT him punished. how do i get it done
Expert:  Ely replied 2 years ago.
Thank you for your follow up.

In this case, she would file a complaint with the county prosecutor where he lives, explaining that he is married twice at the same time. The authorities will investigate and if found true, then he may be charged with a criminal charge due to this actions. This is a felony, so this is serious.

I hope this finds you well. If you still need information, hit reply so we can chat more until you are satisfied. If you are satisfied, please do not forget to conclude the question. You may always come back to it to ask a follow up free of charge. If you feel I went the extra mile, a bonus would be appreciated. You can always link to my profile for another question at a later time: www.justanswer.com/law/expert-elyJD/
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87763
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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