I separated from my husband 9 years ago, still legally married, he committed bigamy and remarried w/out first divorcing me. I want a divorce, do I have to go through all the paperwork and legal process, or could I just be granted a divorce? He's hard to track down, I've served him with papers in person, he is has not given them back. Now I don't know where he is, and I don't want to have to pay to publish in paper. What can I do?

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Originally Posted by lisalisalisa3

... do I have to go thru all the paperwork and legal process, or could I just be granted a divorce? ...

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You have to go through the process. You don't get special treatment simply because you are claiming he committed bigamy.

If you were the wife he committed bigamy with, that would be a different story. That marriage is invalid and can be voided.

But you have to go through the divorce process. On the other hand, it should be a simple process. You can use the bigamy as grounds and I doubt if he would be allowed to object. The real issue is whether you want something from him like spousal support assets, etc. If not, then it should be simple.

I am sorry, you will have to go though the entire process.

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Originally Posted by ScottGem

...You can use the bigamy as grounds and I doubt if he would be allowed to object. ...

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Sure she could, but it's unnecessary. We have what's called "no-fault divorce" in this country. It means in reality that one spouse can get a divorce if he or she wants it, no matter what the grounds.

Thanks all for taking the time to answer:) I realize I am not entitled to any special treatment, I was just trying to see if I had grounds to skip to default divorce. He has been served twice! The problem is I served him both times, and the courts need evidence of it. The only way to provide evidence is to have an officer serve him, or to publish in the paper for 30 days. He is definitely messing w/me, I first served him 6 months ago, all he has to do is sign and return to me. Without his simple cooperation, I will have to come up with more money. I am beyond the point of frusteration, I was hoping that the whole bigamy thing would give me some kind of leverage, I feel helpless.

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Originally Posted by lisalisalisa3

... I was just trying to see if I had grounds to skip to default divorce. ...

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As you have gathered, in order to get judgment against a defendant in any court proceeding, divorce or something else, you need to serve him with process. This is different than handing him a paper, by which he would agree to what you want, in the hopes that he signs it and gets it back to you, you need to have a summons officially served on him.

Has he been charged with Bigamy? It would seem that charging him and having him arrested would be some leverage.

At best, if he is arrested, you can have the warden make sure he is served.