Divorce

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Divorce

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
matter.

Asked on July 13, 2019 under Family Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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