I was married about 10 years ago and we decided to divorce. I signed the papers , as did he. In front of a notary. He said he would be filing that day. I never saw him again, therefore I have no paperwork for the divorce. Now I'm learning that I need those papers, but I have no way of getting in touch with him. By the way I'm remarried and not sure if its legal now...what steps do i need to take to fix this mess?
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours.
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I was married about 10 years ago and we decided to divorce. I signed the papers , as did he. In front of a notary. He said he would be filing that day. I never saw him again, therefore I have no paperwork for the divorce. If he didn't file AND/OR a judge didn't grant the divorce, than you are still married to him and may be in some legal trouble because bigamy is a felony. This is why we must have our divorce documents in hand, before assuming a divorce went through.
Now I'm learning that I need those papers, but I have no way of getting in touch with him. Don't worry, if he did as you thought he did, you can contact the courthouse where the divorce should have taken place and ask for them (all court documents) - that clerk will have all. Speak the clerks office. If you only need the Report of Divorce that the Clerk reported to Florida's vital statistics office, you can also go to vital statistics in your state and order that. YOu can go here for more on that: LINK
By the way I'm remarried and not sure if its legal now...If you are not divorced, it won't be legal and you could be looking at a felony bigamy charge, so if you find that to be the case, I'd urge you to consult with a criminal defense attorney to see the best way to extricate yourself from that possibility.
Optional Information: Country relating to Question: United States State (if USA): Florida
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I hope this clarifies and I wish you the best.
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"To Alexia Esq."Are the laws the same in South Carolina?And what am I looking at as far as legal trouble?
Are you now saying that you were divorced in South Carolina, NOT Florida as you put in your original question to me? Was that an error on your part?
Or do you mean you REMARRIED in SC?
No I was just asking about South Carolina bc I might be moving there. And I was remarried in GA
Ah, OK, well, if there was a crime, it was committed where you remarried, so that is the state where you'd want to talk to a criminal defense attorne SHOULD it be needed. However, you would also still go to FL to get your divorce records; they don't travel from state to state. As for GA, here is your statute:
(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.
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Thank you so much! I aim to please! Have a great weekend!