Legal Question in Family Law in New York
Hello,
I married in Feb 2003 in New York State. I later, after 6yrs, found out that his divorce was not finalized at the time of our marriage. When I went to get the proof/copy of his divorce decree in the State of Florida, I was told that we are not legally married. We have been living apart for 2 years since then.
I am now in a wonderful and trusting relationship and we are planning to get married in the summer. Is there anything I need to do insure that I am able to marry w/out making the same mistake? I appreciate your response..thank you.
2 Answers from Attorneys
An existing marriage that was never ended by annulment, divorce or death of the other spouse is void from the start. If party wants added assurance he/she can request a declaration that the marriage was void.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
You would need a certified copy of the Judgment of Divorce. With that document, you would be free to re-marry.
Mike.
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