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20 years ago i got married in another panama. 2 moths ...

 

Customer Question

20 years ago i got married in another country. 2 moths after i got married there i came back to tha states and married my another girl. the first girl divorced me 9 years later because i never came back. am i not married the the second girl legally now? because i am stiil married to her now. I was in the military when i got married to the first girl but never file my first marriage with the military because i married her one day and shipped out the next day (really)

 

Optional Information:
mongomery, Alabama

Already Tried:
nothing

Submitted: 1888 days and 16 hours ago.
Category: Military Law
Value: $15
Status: CLOSED
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Expert:  EMJ1219 replied 1888 days and 13 hours ago.

Dear XXXXX,

Technically, when you married the second time, you were committing bigamy. Which is a crime. The second Marriage would have been voidable.

Since the marriage occured prior to the divorce, it would have been invalid.

So technically, according to Alabama law, you would have to revalidate or legally get married again.

However, since you have been married to her for more than 7 years, and you are now divorced form the first marriage, you situation, as they say, has been overcome by events.

If you had to defend based on this in court, the court would consider this valid for awarding spouseal support and distributing marital property.

 

Customer replied 1888 days and 11 hours ago.

distributing marital property to who, my 1st marriage or second marriage? when you say overcome by events, does that mean the stature of limitations are over for the first marriage?

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Expert:  EMJ1219 replied 1888 days and 10 hours ago.

Dear XXXXX,

I am talking about distributing property for the second marriage. The fact that you have been married so long, will overcome any attempt to avoid divorce based no the marriage being invalid.

Overcome by events means, that you indicated that this happend nearly 20 years ago, that you married the second woman.

Two things in regard to time occurd in Alabama.

First: if the second wifer (or first for that matter) continues to live with you under the conditions, they become divested of an opportunity to successfuly bring action civil or other wise. the fact that the first wife received a divorce after 9 years, means that you have been divorced from her for 11 years while also being married, in a voidable marriage with wife number two.

However, in alabama, they recognize common law marriage. You have held yourselves out as husband and wife, and perhaps even filed joint tax returns, for the past 11 years.

So, the courts would consider you married, if not from an actual marriage, at lest from common law marriage perspective.

 

Customer replied 1888 days and 10 hours ago.

i had a child by my 1st wife she is now 20 can i be sued for back child support?

Accepted Answer

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Expert:  EMJ1219 replied 1888 days and 9 hours ago.

Dear XXXXX,

If child support was ordered by the court when she divorced you, even though it was in Panama, the 20 year old child has 20 years from the order to seek restitution of the arrearage. So you could be sued if there was an existing order that went unfulfilled.

Expert TypeArmy First Sergeant (RET)
Category: Military Law
Pos. Feedback: 100.0 %
Accepts: 160
Answered: 2/11/2008

Experience: Army First Sergeant: military sourced training in UCMJ, Status of Forces Agreements, D&A, etc.

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