My former husband got married before he was legally divorced from me. When the divorce was final, he remarried the same person. He died two years later, and left nothing to his daughter from the 1st marriage. Do you think the 2nd marriage was legal?
2007-07-14 01:25:32 · 10 answers · asked by Lady D 2 in Family & Relationships ➔ Marriage & Divorce
He married before the divorce was final, that marriage was not legal. He remarried the same person after the divorce was final, thus making the 2nd marriage legal. You sound bitter. Get over it.
2007-07-14 01:28:10 · answer #1 · answered by qwertatious 4 · 1⤊ 0⤋
You can't legally marry someone before you are divorced. The second marriage (assuming his first was you) was merely a ceremony to express their commitment to one another. I am sure he didn't have a license and if he did and stated he wasn't married it was fraud. He most likely married the third time to make it legal and binding. When you say that he left nothing to his daughter I am assuming he had a will or trust and that she wasn't named or left anything. In this case it is very sad that he didn't want to leave his daughter with something, no matter what their relationship happened to be.
If he did not have a will or trust then that goes without saying. The new wife probably didn't think highly enough of his daughter to give her something from her father. Or she is greedy and self-centered. I suppose if there is a lot that your daughter could inherit, you could hire a lawyer but that could be costly.
2007-07-14 08:44:31 · answer #2 · answered by hlp4U1799 3 · 0⤊ 0⤋
Yes the second marriage is legal. YOU should have reported the illegal second marriage to your attorney.
Even IF the second marriage wasn't legal, there is nothing you could do if he didn't leave anything to his daughter.
IF the daughter is a minor child (under 18), and living in the USA, then you can file for death benefits for the child. I don't know what other countries have available should this child be under 18.
If you were married to him for 10 years, then you would be entitled to his social security benefits when you reach retirement age BUT not before hand AND providing you don't remarry. You are NOT his widow, but still entitled to benefits providing again you were married for 10 years. Of course you can't have your benefits and his, so SS will help you with this at that time.
The second wife, regardless of how long they were married EVEN if only a year, she is entitled to widow benefits once she reaches retirement age and again, she can't have both.
2007-07-14 08:38:15 · answer #3 · answered by Patty G 5 · 0⤊ 0⤋
Yes the second marriage was legal as of the statement, "When the divorce was final, he remarried the same person." Their second wedding is the official and legal wedding.
2007-07-14 08:39:34 · answer #4 · answered by Poppet 7 · 0⤊ 0⤋
Does it matter , really.
He was on the way to being your FORMER husband.
Whether he did or did not get married legally why does this matter to you?
It sounds as if you are still trying to reconcile that he left you and child with nothing. Sad to say he left you for a reason .
That he left his daughter as well does not say much for him as a man.
He is dead afterall. It sounds like Karma in action.
Move on.
2007-07-14 08:42:39 · answer #5 · answered by Flagger 6 · 0⤊ 0⤋
If he remarried her when the divorce was final, then yes it was legal - hence the second marriage ceremony.
2007-07-14 08:30:05 · answer #6 · answered by emmajane06 2 · 1⤊ 0⤋
He was a bigamist. It was an illegal second marriage. Contest the will and take it to court. YOU WILL WIN. Your daughter deserves it. She can also claim survivors benefits if she is a minor. Contact the Social Security office in your area to file for benefits. She will get a monthly check from S.S. You can contact a lawyer or attorney and tell them your situation, find one will do it on contingency basis, meaning they don't get paid until you do. They usually work harder and faster because they don't get money until you get the settlement. I hope this helps.
2007-07-14 08:34:39 · answer #7 · answered by Scotti Michele 2 · 1⤊ 1⤋
Your ex was a bigamist. Forget all that though. You do know that when you reach a certain age, you can file proper paper work with Social Security to receive his benefits as you were his first wife and are entitled to widow's benefits.
2007-07-14 08:35:17 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Fight the will
a good lawyer will be able to get something
the 2nd wife's lawyer will tell her to settle before wasting money in court and
at least your daughter will get something
get any pictures or other trinkets before she gets rid of them.
2007-07-14 08:48:16 · answer #9 · answered by G O 5 · 0⤊ 1⤋
no one is required to leave any one anything when the die, no one is owed anything in life except what you owe yourself!
2007-07-17 08:17:59 · answer #10 · answered by cheri h 7 · 0⤊ 0⤋