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    sassy2011's Avatar
    sassy2011 Posts: 2, Reputation: 1
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    #1

    Aug 5, 2011, 02:11 PM
    Not divorced where do I stand
    Hi my husband and I split in 2003, he informed me that we are divorced as of 2004. Registry states to this date the divorce was never processed and we are still married. The kicker is that he has remarried in 2011, What happens if he should pass on without this straightened out?
    mr.cale's Avatar
    mr.cale Posts: 11, Reputation: -1
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    #2

    Aug 5, 2011, 02:51 PM
    If he is remarried it would not be legal bot he might owe you a lot of over due alamony checks
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #3

    Aug 5, 2011, 02:58 PM

    Did you not receive a final divorce decree from the court? Why would you rely on his statement that the doivorce was final without receiving any type of paperwork? Didn't you have a divorce attorney?

    But t oanswer your question - assuming he dies and has a will that does not name you, it may be possible for you to contest the will as invalid and claim at least a 1/3 share. If he has no will at all (he dies intestate) then you may be able to sue for all his assets. However, it depends on the state laws - in some states if the spouse is living apart and divorce is pending then the intestate rules for the spouse don't apply. Obviously you would be consulting with an attorney to see what your options are.

    Of course same thing applies in reverse. If you were to die he could take the same action against your estate. If you have children - he may be able to take all your assets and leave your children out in the cold. Obviously it is in your best interest, and the best interest of your fmily, to get the divirce issue straightened out. See an attorney ASAP.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 5, 2011, 03:22 PM

    First, ANY question on law needs to include your general locale as laws vary by area. Second, if he has remarried without a legal divorce he is a bigamist which is a criminal offense.

    I would definitely consult an attorney to see how this affects you.
    sassy2011's Avatar
    sassy2011 Posts: 2, Reputation: 1
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    #5

    Aug 5, 2011, 06:38 PM
    Ty for replying, I did not receive a final divorce decree, therefore I had warned him that he was not divorced, but I think now he is between a rock and a hard place as the woman he married is highly religious. I will be in touch with a lawyer,but I cannot afford to counter file it at this time, He is the one that started the proceedings, and I feel he's the one that needs t finish it. Ty all again
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