If you were married and your spouse disappears for years and you think that he died and comes back and in the meantime got remarried to someone else who would you legally be married to? Your first husband or your second? I say first husband cuz he never really died and you never got divorced.
2006-10-07 16:51:46 · 25 answers · asked by Monica B 2 in Family & Relationships ➔ Marriage & Divorce
You watched Cast Away didnt you? :) Me and my friend watched it last night and we were talking about the same thing. We found out that you would be legally married to your first husband because you would have to get a divorce or die first before they can legally remarry. So if the first husband never really dies and shows up then that means the second marriage is void.
2006-10-07 17:03:28 · answer #1 · answered by Linds 3 · 0⤊ 0⤋
First husband. If you are in the US, and remarried here, you would've had to have told the officiant about the first marriage. Then the officiant would've needed to see a death certificate or divorce papers. You could've gotten a divorce based on abandonment. When you register for your marriage license, they ask if you've ever been married before. My guess is you would've had to lie to get married the second time.
So anyway, you're still married to the first guy, and it sounds like you have some explaining to do.
2006-10-07 17:02:07 · answer #2 · answered by Singinganddancing 6 · 1⤊ 0⤋
That depends on where you live. I think in the U.S. if he has been gone for 7 years or more the first marriage can be considered legally annulled. If it was not at least 7 years then the woman is guilty of bigamy which is a federal offense in the U.S. She'd better get it all cleared up really soon or she could find herself in prison.
2006-10-07 20:31:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You'll never know until it happens. It's the same as if you're husband is captured in Iraq and doesn't come back for 10 years, but you've moved on.
I'd love to say I'd be faithful and true to my husband, but the truth is it's a wave of emotions none of us will ever understand or feel unless it happens.
So neither of you are right because you won't know unless it happens!
2006-10-07 17:20:47 · answer #4 · answered by Kelly 2 · 0⤊ 0⤋
Your first
2006-10-07 16:53:42 · answer #5 · answered by hopeless 4 · 0⤊ 0⤋
saying your dead and being dead are very different as you have found out. If he was never legally "Declared"dead in a court ...Congrats....you got husbands to fight over custody of the TV remote with ... twice as many wet toilet seats and a whole lotta finger pullin' contests to look forward to .......Kinda makes you wish you could declare your self dead huh ?
Get legal advise from a real lawyer .....you may need it.
Unless you live in Utah .... perhaps you can make a case there for keeping things as they are now!!
Happy Trails
2006-10-07 17:00:42 · answer #6 · answered by John 7 · 1⤊ 0⤋
How'd you get remarried in the first place? You must've declared the first husband legally dead
2006-10-07 16:58:55 · answer #7 · answered by CM_Blue 1 · 0⤊ 0⤋
that would be the first husband.. the only way you wouldn't still be legally married to him is if you divorced him or had the marriage annulled.. if he was presumed dead but no death certificate than he's still your husband.. and to be religious for one moment in the eyes of god it would be your first husband too
2006-10-07 17:18:36 · answer #8 · answered by fishin_girl72 1 · 0⤊ 0⤋
Your first husband because unless he is declared legally dead or you had divorce papers he is still your husband and the second mariage is not legal.
2006-10-07 17:03:03 · answer #9 · answered by mss04 3 · 0⤊ 0⤋
The laws might vary in different states. It is best to ask this question of someone who understands the law more fully than the average person. Here is a website you can go to:
http://www.expertlaw.com/
good luck
2006-10-07 17:01:13 · answer #10 · answered by SympatheticEar 4 · 0⤊ 0⤋