A friend of mine was active duty military when she got married, her husband was not. The person that married them did not turn in the paperwork but they got a marriage liscense. The military issued her husband a dependent I.D. (which means the paperwork was legal, because they check,right?) After two years they seperated, he ended up dating and then marrying someone else (without divorcing her). They have two sons together and he is now in jail. My questions are: Were they legally married? Can she file charges against him for marrying someone else while married to her (*if theirs is legal too)? Would the courts grant her a divorce at a minimum (if she does her own paperwork) or will she have to get a lawyer, which she does not have a lot of money to pay for one. Please give real answers, and references if you have any.
2006-10-05 12:50:27 · 5 answers · asked by LadyJ 2 in Family & Relationships ➔ Marriage & Divorce
If she is military I would suggest she seek legal counsel through her commander because if her husband was issued an ID it was most certainly a legal marriage and he is guilty of bigamy. She then can obtain a legal divorce and have him pay ALL of the court costs including her lawyer's fees if any.
2006-10-05 12:55:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It sounds as if the marriage is legal so hes committing bigamy and can legally be charged with such. Theres not much your friend could get out of that but it shows hes capable of doing illegal things in the eyes of the court. She can do her divorce herself as this is basically an uncontested divorce filed upon multiple marriages. And sue himfor everything shes legally entitled to. Now if she does need legal help, Id advise contacting your states legal aid assoc.or get a hold of a Paralegal who does the footwork of an atty anyway for a whole lot less, via the yellow pages or a nearby university with a legal dept. The second marriage appears legal on paper but as long as the first still exists there can not legally be a second. She has him by the b...s. Good luck
2006-10-05 13:05:24 · answer #2 · answered by Arthur W 7 · 1⤊ 0⤋
Hi I dont have the answers to your questions but I do have a site where you can go and look..or ask a question that is...
www.lawguru.com
it allows you to ask a question and have a lawyer give you an answer..you pick your state and topic etc...Its free and you can get some really good advice.
Divorce laws are different from state to state..as are marriage license requirements..this is something that would be very state specific...
2006-10-05 12:56:40 · answer #3 · answered by Heather 4 · 0⤊ 0⤋
if the marrage licence was sent in and stamped and signed then yes but the only paperwork is the marriage licence.
2006-10-05 13:03:17 · answer #4 · answered by Lauren D 4 · 0⤊ 0⤋
Holy **** thats a tough one ,you should tell her to contact the JAG office they would be able to hook her up...hope it all works out ;-)
2006-10-05 12:53:14 · answer #5 · answered by chris w 4 · 0⤊ 1⤋