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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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Ok I filed foir divorce in Indiana on July 7 2000 and ...

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Ok I filed for divorce in Indiana on April 2000. Met with lawyers on July 7 2000 and signed papers and aggrements and the papers went before the judge that day. my lawyer said i was divorced and I thought i was divorced. I Remarried on July 14 2000 in the state of arkansas. the divorce in Indiana was not final until December 2000. (Q) My marriage to the second woman is it a legal binding marriage and if so how do i resolve it?

Pursuant to the Arkansas Code 9-12-101 you can not legally marry another person before the dissolution of a prior marriage. But Arkansas Code 9-11-706 remedies this problem by declaring all marriages valid if they occured after a divorce decree was rendered but before the decree was entered into the record. So what this means for you is, if you had a signed decree on July 7 but it just was not entered into the record until Dec your marriage is valid. If there was nothing signed until Dec then your marriage in Arkansas is invalid and you are not legally married.

Arkansas Code 9-12-101. Subsequent marriage before dissolution of prior marriage prohibited.

No subsequent or second marriage shall be contracted by any person during the lifetime of any former husband or wife of the person unless the marriage with the former husband or wife has been dissolved for some one (1) of the causes set forth in the law concerning divorces by a court of competent authority.

9-11-706. Marriage before entry of divorce decree.

(a) It is the intent of this section to validate all marriages deemed void as a result of the decision of the Arkansas Supreme Court in Standridge v. Standridge, 298 Ark. 494, 769 S.W.2d 12 (1989), whether occurring prior to or subsequent to November 14, 1989.

(b) (1) All marriages heretofore or hereafter declared void because the parties had entered into an otherwise valid marriage after the rendition of a valid decree of divorce of either of the parties but before the entry for record of the decree are declared valid for all purposes.

(2) All children born to any marriage declared valid by this section are deemed to be the legitimate children of both parents for all purposes.

(3) All property rights, including, but not limited to, conveyances, inheritance, intestate succession, dower, curtesy, and all rights and duties between the parties themselves or third persons, are declared to be those of validly married persons.

(c) This section shall apply to all marriages occurring both prior and subsequent to November 14, 1989.

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Customer: replied 9 years ago.
Reply to Shelley's Post: so since there was nothing done until December I guess im not married and one more question and I will pay you for it too.

What NOW?? the second wife is on all work records, How do we resolve this?? Am I able to marry my current fiancee?

You need to remove the second wife as a spouse. Are you on good terms so that she will agree to the fact that the marriage did not exist? If so, you can remarry her or any other person at this time. If not, you may have to file suit in court to ask for an order to invalidate the marriage based on the fact that you were not divorced when you entered into the marriage. By law the court has to find the marriage invalid and you can use that order to remove her as your spouse on any and all documents.

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