Are you divorced? And if he marries again?
I know someone - a staunch Catholic - who left her husband but doesn't believe in divorce, even though she is living with the father of her three children. Her former husband wanted to remarry, so he forged her signature and is now married to his new wife. She doesn't care so has never pursued it. Is this one of those times when it's best to let sleeping dogs lie? I can't help but wonder what will happen if the original husband dies and leaves a will leaving everything to his "wife"?
2006-10-01 21:38:41 · 9 answers · asked by True Blue Brit 7 in Family & Relationships ➔ Marriage & Divorce
I've got no intention of getting concerned - just curious!
2006-10-01 21:53:55 · update #1
She's not a friend and I don't support her morals in any way. I'm just bemused by the whole situation.
2006-10-02 03:13:18 · update #2
If I remember correctly (seen this happen on another legal document once before) the way it is not a legal document is if the person whos signature was forged contacts the police and files a forgery complaint against the other person. Once forgery has been proved then the person whos signature was forged has to file to have the legal document withdrawn. The problem is since she knows and doesn't care pretty much it is the same as her signing and I am pretty sure there is a statuets of limitations on this especially since she knows and is chooseing to turn her head.
As for death later down the road, forgery I would think would have to be proven before he died, how else would you get handwriting samples? Plus then you would have multiple documents to withdrawl, the divorce papers, the new marriage license and then maybe even a new will if one was done with both wives. Even if everything was left to the new wife, if she can prove she was never legaly his wife and she still is then she could fight b/c she was not in his will, she would get his SS and other retirement and posssibly more.
It does all boil down to what your friend chooses to do, if she does nothing then it is legal till she decides to.
There are ways to get divorced without both signatures. If a person contests a divorce by refusing to sign, but doesn't go to court to fight it or anything then one will be granted anyway. If that is the case then she wouldn't have signed but they would still be divorced.
2006-10-02 00:39:14 · answer #1 · answered by channielynn 3 · 0⤊ 1⤋
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2016-12-18 20:09:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
well if the actual wife doesnt care then if he leaves a will it wont matter...
But if he forged her signature then he committed a crime.. and yes the divorce i would believe would be null and void and he is now not only faces charges of forgery, but also for being married to 2 women..
But the signatures are usually witnessed so i dont know how he got away with that one..
But id say this is none of ur concern as the first wife doesnt care.. so stay out of it..
2006-10-01 21:45:56 · answer #3 · answered by brwneyedgrl 7 · 1⤊ 1⤋
Your friend doesn't believe in divorce but allowed a divorce to take progress. You need to inform your friend that if she truely believed divorce is wrong, then she wouldn't have allowed him to forge her signature. Secondly, if you friend really had morals, she wouldn't be living with the father of her 3 children whom she is not married to. Sounds like she is confused and really needs you to guide her way
2006-10-02 02:59:36 · answer #4 · answered by cookie 6 · 0⤊ 0⤋
If it is a forgery then both the forger and the witness have committed a criminal act, however as the wife clearly knows what has happened then substance over form will apply where she has accepted the contract of divorce so only the act of forgery will stand.
The divorce is now legal.
The police wont bother as it would not be in the public interest to pursue.
2006-10-01 22:47:51 · answer #5 · answered by commentator 2 · 0⤊ 1⤋
All signatures will need to be witnessed and notorized and then both parties get a copy. Why didn't this happen in this case?
2006-10-01 21:41:49 · answer #6 · answered by Bart S 7 · 1⤊ 1⤋
divorce papers need both signatures, if he has forged them and is re marrying then he's a fraud and a bigamist...report him
2006-10-01 23:20:40 · answer #7 · answered by Anonymous · 0⤊ 1⤋
That must be my dream come true, i wish.
Good luck to her she can now move on he is not worth it.
2006-10-02 07:01:08 · answer #8 · answered by Anonymous · 0⤊ 0⤋
someone is lying. the signature has to be done in person or notarized.
2006-10-01 21:40:20 · answer #9 · answered by Aunt Mair á?¦ 5 · 1⤊ 1⤋