Legal Question in Family Law in New York

Bigamy and Post Dated Divorce
My husband i split 2-2001. He stayed in NY and I returned to Ca. Our divorce has been filed in NY. Now it has been kicked back from the jude and I have been told i need to resubmitt the ''Affidavit of Defendant in Action for Divorce'' This was sent back in June. A week later (June 2002)my not-so-soon-enough ex remarried in the stae of FL. Now all logic tells me that the 2nd marriage is not legal, BUT I have been told that when I resubmitt the Affidavit the divorce will be post dated back to April 1st (the original finalization date) Is this possible and if so would that then make the 2nd marriage a legal and valid marriage?

Asked on 11/22/02, 3:00 pm

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

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Re: Bigamy and Post Dated Divorce

It sounds as though he jumped the gun, just a tad.

If you need help in finalizing your New York divorce, please call my office.

I practice in NYC and Long Island.

Answered on 11/25/02, 10:27 am

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