Legal Question in Family Law in Nevada

In 1979 I seperated from my husband.In 1991 I wanted to remarry.So I had a friend in the State I was married in,call the bureau of Statistics.to see if I was devorced.She called back a few days later,and said I was.I proceeded to get married.In 1997,what I thought was my ex-husband,called me up/He said he was getting a devorce.I said,I thought you did years ago..he said,he never did.2 wks later he died.So we went back to the same chaple,on the saME DATE,AND MARRIED.tURNS OUT,WHEN YOU DO THAT,YOUR JUST REB

NEWING YOUR VOWS.EVERYTHING IS OF COURSE UNDER THIS NAME.i AM ON HIS DISABILITY CHECK TOO.wHAT IS MY LEGAL COURSE,i WANT OUT OF THIS MARRIAGE.


Asked on 3/21/10, 10:30 pm

1 Answer from Attorneys
Marshal Willick Willick Law Group

If I understand the chronology:

Pre-1979: First Marriage.

1979: Separation (place undisclosed).

1991: Second Marriage.

1997: Found out still married to H1; H1 dies.

1997: Renewal of vows (but did not pull a new marriage license?)

2010: Desire to dissolve Second Marriage.

Go over the above to make sure none of the assumed facts are wrong. If they are right, your first marriage ended with the death of H1. The Second Marriage was not lawful, since you were still married to another. The "re-marriage" would have no effect IN MOST STATES without the application for, and receipt of, a new marriage license.

In short, presuming these events took place in Nevada, or a State with laws like those of Nevada, you are, at this moment, not married to anyone.

But that is not the end of things. Since you have lived as if you were married, and believing that to be true at least from 1991 to 1997 (you don't explain when you learned that the renewal had no legal effect) you were a "putative spouse" for at least that time, and perhaps from 1997 to 2010. That can provide some legal rights and obligations, under Nevada law, through two cases that were issued in the past several years -- McClintock, and Williams.

Many people in your position choose to go through the legal proceeding of an annulment, even though they are unmarried as a matter of law automatically, for the purpose of resolving with finality their property rights vis-a-vis their putative spouse, and so there is a clear paper trail as to their status, for their future and for their heirs.

You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.

If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

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Answered on 3/27/10, 6:27 am


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