Legal Question in Family Law in Kentucky

Can I get in trouble if I remarried while not completely divorced?

My first wife left me with a notarized custodial statement for my daughter 7 years ago. We never got divorced. Four years later, I remarried and she knew about it. My current wife has no clue and never asked about the divorce. All she knows is that I have raised my daughter, (now 10 1/2 yrs old), by myself and that I have had full custody. This eats away at me constantly with my current wife. My daughter visits her mother these past couple of summers for 2 week visits in Nebraska since that is where she has been for 7 years now. Is there a way I can get divorced quietly?


Asked on 8/25/99, 8:55 am

1 Answer from Attorneys

Curtis J. Hamilton Neel Wilson & Clem

Re: Can I get in trouble if I remarried while not completely divorced?

You've got many serious problems in your case, and I suggest you contact a family-law specialist IMMEDIATELY to unwind the mess you are in.

To answer your questions, yes, you can get into trouble for marrying your second wife before divorcing your first. In Kentucky, bigamy is a class D felony, meaning you could be sentenced to a minimum of one year and a maximum of five years in prison. However, if you believed you were legally eligible to remarry, you may have a defense. Furthermore, your second marriage is null and void. You must solemnize it again after the first one is terminated by decree.

Although I'm no pyschologist, I suggest you come clean with your current wife and let her know the fix you're in. Then, contact a well-respected family practitioner to help you. Your lawyer may be able to get a decree entered in your first divorce case without tipping authorities off that you have remarried. Much depends on where you live and the judge in your county.

Good luck. You'll need it.

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Answered on 8/26/99, 2:45 pm


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