Married without being divorced in a first place?
I divorced my first spouse overseas and gave her all the legal papers. Uncontested, no children or property involved.
She promised to file whatever needed with the state ( NY ) and county where she was living for the divorce to be legalized.
I just found out (7 years later) that she never did that.
Meanwhile I married another person in FL with whom I have child and own house.
Now I want to divorce this second spouse too which will be financial disaster for me, but I have to do it.
So, is the first marriage still valid? Should I proceed and divorce the second spouse?
Or Is it better in my situation and legal of course to null and void the second marriage despite the child and the house?
All I want is to get out of my second marriage as cheap as possible and take care of the child support afterwards.
1 Answer from Attorneys
Re: Married without being divorced in a first place?
The first marriage is still valid. The second one isn't.
You need to speak to a lawyer about your other questions because:
1) What you've done is a crime and
2) Whether you file for annulment or just walk away depends a lot on your circumstances. As to the second "marriage," in addition to child support and timeshare (visitation and custody) issues, you may also have to decide how you will handle property and debt issues with your "second wife." Also, one of you may owe alimony to the other, even though you were never legally married. (Weird, I know, but you actually end up paying alimony to someone you were never technically married to.)
Without knowing more, I can't tell you the cheapest way out of your "second marriage."