Legal Question in Family Law in Kentucky

I am from KY and got married a month ago in tennessee. Today my ex wife informed me that my divorce was not final due to the fact that she hadnt paid her legal fees to have it finalized. My question is what happens now with my marriage to my current wife? I was never notified that was divorce was not finialized. I very much want to stay married to my current wife and we had a beautiful wedding just a month ago and we have a marriage license from the state of tennessee.


Asked on 4/30/13, 12:17 pm

2 Answers from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Technically, you are guilty of entering into a bigamous marriage. Even though you did not have any criminal intent, you need to have this corrected as soon as possible. If you have resided in Kentucky for at least 6 months, you should file a lawsuit for a Declaration of Invalidity of Marriage. After the court rules on that, you will have to finalize your divorce to your previous wife. When that divorce is concluded, you may then remarry your current wife. In addition to exposing you to criminal charges, you current situation will create significant problems in areas such as Social Security, health insurance coverage, income taxes, and estate distribution. You should contact a Kentucky attorney immediately.

Read more
Answered on 4/30/13, 1:11 pm
Bryan Gowin Bryan Gowin Attorney at Law

First, you need to have your first divorce finalized. There may be a way to avoid getting a divorce from your second and current wife but you need to talk to an attorney about having your first divorce decree entered "nunc pro tunc.". Not sure it is possible and will depend on the judge and facts, but it is worth taking a look at. The effect would make the divorce entered on a day before you got married to your second wife. If this works then you can ask the court in a separate court action to declare your second marriage is valid just to make sure there is no question in the future about the status of your marriage. Again, no guarantee this will work. The above only applies to the laws of Kentucky. If the above is not possible, you will have no choice but to file for an annulment of your second marriage and get remarried. Consult an attorney immediately.

Read more
Answered on 4/30/13, 6:45 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky