How do I handle a divorce that didn’t happen?

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How do I handle a divorce that didn’t happen?

In 1985 I thought that I had gotten divorced. I have since gotten re-married and now I find out the case was dismissed because the ex was a now show. What do I do now?

Asked on August 2, 2010 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to speak with a family or matrimonial attorney. In essence, you're going to need to "redo" your divorce...and then get remarried to your current "spouse," since she or he is not actually your spouse. No one can be married to two people at once, so the second marriage is null and void. You may also wish to speak to a trusts and estates attorney, because in the meantime--while taking care of the above--you will probably want to draw up a will, to make sure that if you pass away, your ex spouse does not inherit; and you should also draw up a health care proxy and/or power of attorney so that in the event you are incapacitated, the person you want to be married to can make medical decisions on your behalf.


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