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Found out that I’m still married to this individual after 28 years. We
communicated and agreed we would divorce because she was going to remarry. She
remarried and had a family so I assumed we were divorced. In 93, prior to
communication with her, I did attempt to file for the divorce in Indiana by doing
it myself but it was denied by the judge for incomplete documentation. We
married in Virginia. I was in the Navy at the time which could be 91 or 92. In
2013, I remarried under the pretenses that since she was married we were
divorced. Trying to find out what direction do we need to go to resolve this

Asked on July 13, 2019 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While you should retain a family law attorney (a/k/a matrimonial or divorce attorney) to help you sort this out because there may be a considerable amount of legal paperwork involved, in essence, you have to first divorce Wife 1 then remarry Wife 2. You are not legally married to Wife 2, since no one can marry someone while still married to someone else.
In addition, since you are not legally married to Wife 2, to protect you and her, you need to execute documents like a power of attorney, living will/medical power of attorney, and will, because since and Wife 2 are not presently married, she does not automatically have the legal rights or authority of a spouse.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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