Legal Question in Family Law in Florida

illegal marrage ?

please, I'm in need of some advice.

I married a man in florida and was married to him

for five yrs,only to find out that he married me under

a deceased man,s name and SS# and that he was still married to two other woman one of whom he is now serving a life sentence for her death evan though her body was never found.

I was conned. I was told that because he was still married

and it was not his name he married me under that it is not legal. Is this true. Do I need to null and void the marriage? I'm wanting to remarry and want to make sure I'm not really married to this con man. I hope you can help me.

Thank You

D.F.


Asked on 9/05/03, 11:34 am

2 Answers from Attorneys

Scott Nolan The Law Offices of Scott C. Nolan

Re: illegal marrage ?

If this is true (and you must definitively establish that it is), your marriage was void from the beginning. That is, it never legally occurred and you are not married to this man.

However, to avoid many problems that could arise from incorrect government and creditor records, you want to go to the Circuit Court in your county and ask that the Court declare the marriage to have been void. This is something best done with the assistance of an attorney.

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Answered on 9/05/03, 2:06 pm
Wayne Comer Wayne E. Comer, Esquire

Re: illegal marrage ?

I have no problem with the attorney response which has already been posted. But I would expand on it a bit. I construe that response as recommending an "annulment" of your "marriage". In my experience I have found that in most cases of this kind, and, in particular, where there is no opposition in sight, it is simpler to just go for a "no fault" divorce. In that "Complaint" I would concede that the civil marriage ceremony which was performed may not have resulted in a legally valid marriage and that you seek a decree of divorce to elminate any uncertainty in the matter. (not going into any detail) Of course "no fault" assumes that you are not seeking any relief other than to end the whole thing.

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Answered on 9/05/03, 5:19 pm


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