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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17110
Experience:  Licensed Texas General Practice Attorney
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In 1968 I married and in 1974 my husband and I agreed to divorce.

Resolved Question:

In 1968 I married and in 1974 my husband and I agreed to divorce. He had the papers drawn up, I paid my half for the paper work and assumed that all was taken care of. I remarried and divorced once more and in 1980 married my present husband. While trying to get marriage licenses for these previous marriages for the new ID law in my state for renewing drivers licenses I checked my divorces( Wa. state). Appartantly my first husband never completed the divorce. I know I should have been more pro-active at the time, but now I'm terrified. How can I fix this? I had planned to collect on my present husband's social security as I was a stay at home wife and mother. My present husband (31 years) is the love of my life and doesn't deserve this.
Submitted: 6 years ago.
Category: Family Law
Expert:  ScottyMacEsq replied 6 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Do you know where your first husband is located, or if he is still living?

Customer:

Yes,to both answers. I haven't had contact with him in a long time but we parted on good terms.

ScottyMacEsq :

First of all, you'll want to get with him and see if he actually did complete the divorce. It's possible that the judge signed it, etc... and that it was just filed incorrectly, or something along those lines.

ScottyMacEsq :

No need going through some legal process if this is merely a clerical error.

ScottyMacEsq :

By the way, the older the legal documents at issue, the greater the chance that it was a clerical error...

ScottyMacEsq :

If he does not have any proof of filing / completion of the divorce paperwork, then you're going to want to go through the process, either where he is currently living, or where you're currently living. The only requirements to getting a divorce in the state of Florida are: 1) that the marriage be declared by one of the partners as irretrievably broken, and 2) that the declaring party (you) be a resident of the state of Florida for six (6) months prior to filing the petition.

ScottyMacEsq :

Now if you are still married, but thought that you were divorced, and have not been in contact with him for some time, this should be a very simple process.

ScottyMacEsq :

That being said, you should still contact an attorney in your area that deals with divorce cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

A simple, uncontested divorce where he consents to jurisdiction, etc... should not be much of a hassle at all, and many attorneys will not charge more than a few hundred dollars for such an action.

ScottyMacEsq :

But if you're still legally married to your first husband, that will mean that once you are actually divorced, you will need to "remarry" your third.

ScottyMacEsq :

Florida doesn't have common law marriages, or common law divorces. If you were married at the time that you married again, legally speaking that's a bigamous marriage (even without your knowledge of it being so) and it is void ab initio (void from the beginning).

ScottyMacEsq :

Again, contact your first husband and see if this is merely a mix-up, as it very well could be, and I hope that it is. But if not, you'll have to go through the divorce process again.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

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