OK I am married to a woman for 9 years now we have one child I we have not been "together "for 3+ years now and we want to divorce I found out recently from her ex husband - she was married before - that they were legally divorced 4 years after we were married - we married in 1996 she got a divorce from him in 2000 so she was actually divorced 4 years after we were married - we live in New York - can I use this in my divorce besides the fact she was unfaithful?

If that is the case then you were never legally married.

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Originally Posted by bluerose

If that is the case then you were never legally married.

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So how would I go about disolving any record of our marriage such as I want to remarry another woman lets say do I have to go to a lawyer or sumtn so that I can anull the "marriage" or is it just legally dissolved we have filed taxes together in the past and everything

Get a copy of her divorce decree, and file a motion with the court where you were married to have it annulled on the grounds she committed fraud and was not able to enter into the marriage.

Totally agree with both of the above , you are not legally married if this is the case as she was a bigamist for four years,check out the facts, take them to your lawyer and go from there.

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Originally Posted by cemster

ok i am married to a woman for 9 years now we have one child i we have not been "together "for 3+ years now and we want to divorce i found out recently from her ex husband - she was married b4 - that they were legally divorced 4 years after we were married - we married in 1996 she got a divorce from him in 2000 so she was actually divorced 4 years after we were married - we live in new york - can i use this in my divorce besides the fact she was unfaithful?

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You just saved a lot of money on divorce costs because you are not married.

You still need a lawyer to have the marriage revoked as never having been valid. If you are Catholic, you also have ground for an anulment. (I don't know if other faiths anul marriages or not?)

Get a copy of her original divorce decree from her former spouse or from the county she got divorced in. I'm not a lawyer but read a lot about this stuff and my impression generally is... She committed a crime which will help you in your custody resolution. I cannot imagine she could get spousal maintenance, and you should be able to at least get equal physical custody - in which case you would not pay child support either, as long as you are in a position to have your child half the time or more.

You may be able to get full physical custody, but possibly not (you may have to if she ends up in jail). You could also press charges against her, which I would recommend unless you feel it would be hurtful to your children. It might be a good bargaining chip - hardball, but what the heck - what she did to you is very, very low and deserves to be rectified. I say this as a divorced, custodial mom - I have a probably unfair bias towards moms, but in this case, rock on Dad!

If she was still married... you still have to file the proper papers and as long as you can prove that she was still married when you all got married you can file of a anulment and it will not cost as much