my step daughters father drown....he was married twice after he divorced my wife...after his second wife they filed for divorce but attorney did not file through the courts...he marries third wife.he dies as a gift to my daughter her grandmother gives her a cemetery plot for her father next to his deceased son where he should be....the new "wife" wants to move body...although he was never divorced from wife #2 can she do it
2006-11-18 16:04:18 · 10 answers · asked by eric_kitchen45 1 in Politics & Government ➔ Immigration
I read your question to my husband who is an attorney. He said no....wife 3 has no legal rights. She was never legally married to him because his divorce from wife #2 was never finalized.
That would be like a mistress demanding his body be moved...
She has no right to anything....she is an outsider.
2006-11-19 15:29:16 · answer #1 · answered by kate 1 · 0⤊ 2⤋
No. I don't see how the third marriage was even legal, if the second was never successfully and lawfully terminated. Wife number two should still have say over his last rites, unless his will says otherwise. You should check that out...
What a ***** that number three is. It's next to his son for Christ's sakes! Isn't that where a person would want to be? ANY person?
I feel for you and your step daughter. I pray everything will work out right.
2006-11-19 00:16:09 · answer #2 · answered by Nikki 6 · 0⤊ 1⤋
For God bid, He is dead...they should let him be. Have they not ever heard you should not disturb the dead? However, the 3rd wife was married to him even though he was never legally divorced from wife # 1. It is not wife # 3's fault he did not actually ever divorce in the courts so she has the right to voice her opinion.
2006-11-19 01:39:22 · answer #3 · answered by malcriada24 2 · 0⤊ 0⤋
If the man was not divorced when he married again, he committed bigamy and that wife is not his wife at all, the previous one is still his wife.
I think in the situation you describe, the new "wife" was not legally married to him at all, so unless he left instructions in his will that she should have the right to do as she wished with his body, she has no rights at all. The wife to whom he is still legally married has the rights in this situation.
2006-11-19 00:08:33 · answer #4 · answered by ? 7 · 2⤊ 0⤋
WOW. Well if he was still married to wife number 2 then wife number 3 doesn't exist. So therefore I wouldnt think that wife number 3 could do anything. Besides why would she want to? Good luck
2006-11-19 00:14:13 · answer #5 · answered by TWil 3 · 2⤊ 0⤋
Nope - the second wife still has legal claim to his body and half of his estate.
2006-11-19 00:09:34 · answer #6 · answered by Anonymous · 3⤊ 0⤋
If your wife cares so much you should be worried~! Also honey your in the immigration department these well most of these people don't know ****!
2006-11-19 00:06:56 · answer #7 · answered by KRH 3 · 0⤊ 1⤋
you will have to show in court that the marriage was illegal first
then file for an injunction to stop her
2006-11-19 00:08:42 · answer #8 · answered by Enigma 6 · 2⤊ 0⤋
If he was never married to her, her rights are tenuous at best.
2006-11-19 00:35:30 · answer #9 · answered by DAR 7 · 0⤊ 1⤋
no
2006-11-19 00:07:35 · answer #10 · answered by moe 3 · 0⤊ 0⤋