Legal Question in Family Law in Massachusetts

divorce

after a 16 year seperation is divorce absolutely necessary in order to marry someone else children are involved but everything is settled i.e. child support estate etc


Asked on 7/25/07, 8:53 am

5 Answers from Attorneys

Re: divorce

No matter how long you are separated, you are still legally married until you are divorced. If you marry someone else, the marriage will be void, and you may be in trouble for polygamy. If everything is already settled, the divorce should be simple.

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Answered on 7/25/07, 9:05 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: divorce

"What he said." (Previous answer). Please note that "trouble for polygamy" reflects the fact that it is illegal to marry when you have an impediment to marriage, and many if not most states still consider bigamy/polygamy to be criminal. When you apply for a marriage certificate, you state under oath that you know of no impediments to the marriage, and thus you would be committing perjury if you got married anyway. Also, because your second marriage would be void, health insurers, employers, courts, tax officials, and so on would not recognize that you have the right to the benefits of the marriage.

These would all be valid reasons to spend the $1,000 or less to get it done properly, as it will save you many thousands in the future.

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Answered on 7/25/07, 9:16 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: divorce

yes

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Answered on 7/25/07, 9:47 am
Jerome Aaron Law office of Jerome L. Aaron

Re: divorce

Last time I looked, having two spouses was a no-no. If you were married, you need a divorce to remarry.

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Answered on 7/25/07, 11:38 am

Re: divorce

Yes! Otherwise it is a crime called bigamy

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Answered on 7/25/07, 2:06 pm


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