my boyfriend has been seperated from his wife since 1985 and he wants us to get married. but he isn't certain if he still legally needs to get divorced since it has been over 20 years. their child is in her 20's so there isn't any dependents and we don't even know what state she lives in. the last time he saw her (10 years ago) she ended up going to jail. i've heard that if you want a divoce and you can,t find the other person that you can put an ad in the paper from their last place of residence and if they don't answer it you don't need their signature. so if any of these questions can be answered we would be very grateful. thank you.
2006-12-12 04:29:22 · 22 answers · asked by a.c. at231 2 in Family & Relationships ➔ Marriage & Divorce
Yes.
2006-12-12 04:31:39 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'm sorry my dear...but your boyfriend is none too swift. Remember that "in the eyes of the law" he is still married. Not only is marrying without a divorce bigamy...but if he drops dead tomorrow after the wedding just wait until you see what kind of legal battles you'll be fighting.
Only hillbillys marry again without getting a divorce. Are you one? No...I didn't think so. In the meantime slap him across the chops once or twice, tell him to stop being so stupid and get the divorce finalized. if there is no property, child support, etc he can usually file at city hall without the help of an attorney. The ad in the paper is to notify her of pending proceedings and if she doesn't answer then I do believe that you'll be in the clear. However...consult with a legal pimp...aka attorney...on this just to be safe.
Good luck.
2006-12-12 12:43:18 · answer #2 · answered by Quasimodo 7 · 0⤊ 0⤋
Unless the former wife has died, your boyfriend needs a divorce. It's true a Legal Notice can be published in a newspaper of the town she was last known to live in. If no response, she can get a divorce by default. Something tells me this woman is ot the kind of person to tie up legal ends. Check with courthouses where they last lived together and see if a divorce is on file. He may have to be the one to run a Legal Notice.
2006-12-12 12:34:19 · answer #3 · answered by beez 7 · 0⤊ 0⤋
Absolutely!! Divorce papers are legal documents that say it's leaglly over. Without them the wife can intervene and create problems for you. A simple Pro Se divorce costs about $150.00 -$350.00 now. It takes about 3-6 months. Hope the Ex doesn't put up much of a fight.
2006-12-12 12:38:07 · answer #4 · answered by ♨ Wisper ► 5 · 0⤊ 0⤋
Yes he still has to get a divorce. If he married you without getting a divorce from his first wife, if he should died she would be entitled to everything he has, cause she is still concerned his legal wife... You would get nothing....
Have him divorce her first for your protection and any children you both should have..
I divorced my second husband and my lawyer ran an ad in the papers in AZ., & Oregan. Cause one was where his mother lived and the was the last place I knew he had lived. They did that for a month and then my divorce was finalized.
Go for it....
2006-12-12 12:36:56 · answer #5 · answered by Angell 6 · 0⤊ 0⤋
Yes if legally married, you must get legally divorced. In California as long he shows that he legitimately tried to find/contact her he can proceed with the divorce as a no contest. Usually hiring a PI to try and serve her is the easiest way to showed you tried your best. May cost about $100 bucks but worth it to get divorced. The PI will use everything in his means to find and serve her the documents. i.e. internet background, dmv, etc.
2006-12-12 12:39:59 · answer #6 · answered by www.treasuretrooper.com/186861 4 · 0⤊ 0⤋
This is your life but the first answer isn't even if he can get a divorce why do you want to marry some one who hasn't even taking care of there past obligations to not only finish what he started but a child that he knows is 20 and says he doesn't know where she is. You wright me in 20 years and prove me wrong if it doesn't happen to YOU. think about it if he respected you you wouldn't be cleaning up his mess that's his job let him grow up and deserve a good woman like you I HOPE IT HELPS
2006-12-12 12:58:29 · answer #7 · answered by alonda H 2 · 0⤊ 1⤋
The whole thing about "until death do us part" does hold up in a court of law. He must be divorced before your two can be legally married. I think you should seek out a lawyer and plan the next step.
2006-12-12 12:36:05 · answer #8 · answered by Girl with Kaleidoscope Eyes 3 · 0⤊ 0⤋
There's no statute of limitations. Once you're married you are always married unless you file for a divorce. If he got married without getting a divorce first he would be a bigamist. There are ways to find her if he really wants a divorce. One would hope he knows where his child is and she would know where her mother is.
2006-12-12 12:33:33 · answer #9 · answered by Joanne B 3 · 0⤊ 0⤋
I'm not sure, but I think you may still legally need a divorce. Your best bet is to consult a lawyer, though--they'll be able to tell you for certain.
2006-12-12 12:32:05 · answer #10 · answered by Casey 4 · 0⤊ 0⤋
He is still legally married. That is a sad situation! You can get free legal advise that can answer all of your questions. This is to important to mess up!
Good luck!
2006-12-12 12:35:50 · answer #11 · answered by moonlight_is_harmonious_1 5 · 0⤊ 0⤋