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Anthony, Family Law Attorney
Category: Family Law
Satisfied Customers: 146
Experience:  14 years practicing Family Law in Northern and Southern California. Former Child Support Attorney.
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If Jane marries XXXXX XXXXX in Florida in 1993, then moves to

Resolved Question:

If Jane marries XXXXX XXXXX in Florida in 1993, then moves to another state (KY), eventually obtains a divorce and remarries John Doe in KY (1995), but upon returning to FL, the FL court does not recognize the KY divorce and grants XXXXX XXXXX a divorce in FL in 1998. Is Jane considered divorced or is she still married? And what happens to Jane if she wishes to marry in FL to XXXXX XXXXX?
Submitted: 7 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 7 years ago.
Did J SMith have notice of the Kentucky divorce case?
Customer: replied 7 years ago.
As advised by my lawyers, we used JSmith's last known addresses (and that of his family), waited the required period of time, and then the divorce was granted.

FYI. Additionally, the FL court cited that one of the reasons that they would not recognize the divorce, is that KY used the verbiage "no child born during the marriage" when granting the divorce, since our son (who was not legally recognized until DNA tests in the 1998 FL divorce proceeding) was born prior to the official marriage date to JSmith. The FL court deemed this as a fraudulent statement and would not recognize the divorce (or marriage to JDoe) as legal and granted their own.

So I am not sure if I am still legally married (because of KY) or legally divorced (because of FL).
Expert:  Anthony replied 7 years ago.
I am confused. Something must be missing.

FL cannot simple "not recognize" a KY judgment. They must. It is in the Constitution. Your ex could have set it aside, but to "not recognize" it makes no sense.

Your ex should have filed a motion to set it aside in KY, or filed a Custody Action (not a divorce) in FL, but for FL to not recognize a valid KY order does not make sense. Furthermore, if I understand this right, there was NO child born during the marriage, because your child was actually born prior to the marriage.

The Florida Divorce should have been entered "nunc pro tunc," which means its entered prior to your second marriage, OR the Florida divorce should have dealt with only child support, custody, and property, but NOT status. In other words, the KY divorce stands as far as the actual severing of the marriage.

IMHO Jane is either married to XXXXX XXXXX or John Doe, and should not marry XXXXX XXXXX.

BTW, did you have an attorney in FL? I'm assuming you didn't. And I don't think it is relevant that XXXXX XXXXX had or didn't have notice. There is a valid KY judgment that he needs to deal with.

Wow... what a mess. I hate to say it, but you really need a Family Law attorney in Florida to straighten this out.

Customer: replied 7 years ago.
According to the judge, she stated that they would not recognize it. I did have a lawyer then (in FL), but he was removed at the courts request (PERMITTING ATTY MILLER TO WITHDRAW FOR RESONDENT), she (the judge) told him (my lawyer) that he was clearly over his head and he agreed...and then I didnt have an attorney.

The final judgement for dissolution with child was finalized in FL on 02/19/1999.

I dont know if I am supposed to file for an annulment in KY or what?
Expert:  Anthony replied 7 years ago.
Again, the FL court made a HUGE mistake. I have no idea how the FL court was able to disregard a valid judgment in KY. It makes no sense, and your attorney should have objected and you should have appealed. Especially since you were married at the time!!!!

There was no reason why the FL should have not have allowed your status as an unmarried woman to remain.

You need to file for an annulment for your second marriage. You are not a bigamist, and won't be sent to jail, but it is not a valid marriage. Wow, what a mess.
Customer: replied 7 years ago.
thanks and one more thing. do i need to file the annulment in ky or fl?
Expert:  Anthony replied 7 years ago.
Where does your ex live? Where do you live? If he is still in KY, then probably in KY. FL might make more sense because they are the once the invalidating your divorce. I would try FL, and have your ex personally served.

BTW, hopefully he will agree to the annulment and this will be simple.
Anthony, Family Law Attorney
Category: Family Law
Satisfied Customers: 146
Experience: 14 years practicing Family Law in Northern and Southern California. Former Child Support Attorney.
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