What to do if you just found out your divorce from your first marriage wasn’t finalized and you have remarried?

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What to do if you just found out your divorce from your first marriage wasn’t finalized and you have remarried?

Legally separated from first spouse 13 years ago. I filed for divorce 10 years ago through a paralegal service. I was told there was nothing left for me to do after I signed and was told the final decree would be sent to me. I moved from that address because of emergency reasons (I was living with someone and he became violent, got restraining order, did not leave new address). I was never contacted by the paralegal service and told that something was wrong or never finalized. I thought I was divorced. I got remarried 7 years ago; he left me 5 years ago.

Asked on November 17, 2011 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for all the situations involved here.  I sounds as if things have been a bit like a roller coaster for you.  I hope that this guidance helps.  Now, the second marriage is void, not voidable.  Because you were never legally divorced from your first husband you could not legally marry your second husband.  So it is as if you were never married.  You did not mention if there were any joint assets that had to be addressed in the second "marriage."  Now, you are still legally married to the first husband so I strongly suggest that you seek to find out what happened in that divorce proceeding and what the status of the matter is at this time. You may have to re-file. Good luck. 


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