Legal Question in Family Law in Florida
My husband was suppose to have been divorced in Virginia, in that time he and i married in 2013 in Florida. He changed his last name to mine in North Dalota where we were living. We have since found out his wife at the time did NOT sign the divorce papers. His wife at the time has since passed away in April of 2015. We are not sure where to begin with this mess we are in. Looking for advice
4 Answers from Attorneys
Your marriage is a nullity and you will need a Florida decree validating the marriage.
You need to contact a family law attorney in your town or county. This is not something you can, or should do, yourself. Legally, you are not married and have never been married. Your husband's change of name may or may not be legal or valid - you will want to make sure that everything is legal, so make sure you tell your attorney about his change of name.
My colleagues are correct. There is the issue of the parties not being divorced as far as probate goes. He may be entitled to an inheritance of some sort.
Your current marriage is not legal, you do not need an annulment because the first woman is dead so technically he is the widower of her. You have to get remarried you do not need to go to court.
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