Am I Legally Married?

[tackyjan]

What is the name of your state (only U.S. law)? Virginia

[Note - the content below is written in the 1st person perspective, however, it is not me. I am doing this for a friend.]

I have simple question that I need answered. The details are a bit complicated. I will include the full details below for reference.)

In 1995 I married my 1st husband in the state of Virginia. I began dating another man while still married to my 1st. In 1999 my first husband left me and told me he was filing for a divorce.

I moved to North Carolina in 2002 with my 2nd husband where we began living together. In September of 1999 we decided to get married and so I applied for a divorce from my 1st husband just to make sure that we were legally divorced (he had told me he applied but I wanted to make sure). Approximately one month later my 2nd husband and I applied for, and received, a marriage license from the state of South Carolina. The divorce from my first husband, initiated in North Carolina, was finalized in November 2003.

The bottom line here is that I married my 2nd husband (South Carolina) AFTER I applied for a divorce from my 1st husband (North Carolina) but BEFORE the divorce was 'finalized'. (Whatever finalized means.) Since I technically married before I got divorce from my 1st husband does this mean that my 2nd marriage is not legal? Am I currently married?

Thanks and again sorry for the complicated mess!

01. married to 1st husband, Virginia, 1995
02. began dating 2nd husband in 1999
03. 1st husband left in 1999, said he applied for a divorce
04. moved with 2nd husband from Virginia to North Carolina in 2002
05. applied for divorce from 1st husband, ~September 2003 in North Carolina
06. applied for marriage license and married 2nd husband, South Carolina, October 2003
07. divorce from 1st husband finalized November 2003
08. lived with 2nd husband until present
09. currently living with 2nd husband in Virginia

 

[mistoffolees]

Common law marriage valid in Virginia -- bigamy which is a crime in Virginia -- minimum age of marriage in Virginia.

As I read it, the marriage is void from the start and therefore never existed.

The only thing I don't understand about the above link is that they say that the second marriage is a bigamous marriage. But if the marriage never existed, how could it be a bigamous marriage? Seems to me that it would simply be adultery. However, they're attorneys, so definitely take their word over mine.

In any event, your friend has a mess and it won't be easy to sort out. S/he needs to see an attorney ASAP. What is s/he trying to accomplish? Are they trying to legitimize their marriage or do they want to end the second marriage?

 

[FlyingRon]

Virginia law isn't what matters here, but SC where the second law occurs.

In SC it's a felony to marry if you're still married to someone else. While that marriage is ab initio void, you're still committing the crime by entering into it.
Further court decisions in SC show that just because you get the divorce or annulment from either marriage it doesn't cancel out the bigamy that occurred.

 

[Ohiogal]

Enjoy time in prison.

 

[mistoffolees]

Virginia law isn't what matters here, but SC where the second law occurs.

In SC it's a felony to marry if you're still married to someone else. While that marriage is ab initio void, you're still committing the crime by entering into it.
Further court decisions in SC show that just because you get the divorce or annulment from either marriage it doesn't cancel out the bigamy that occurred.

You're right. I took OP at his/her word when they said that it was in Virginia - I didn't read the timeline.

Either way, the result would be about the same. Second marriage is void, but person is guilty of bigamy.

 

[LdiJ]

We see so much of this that it floors me. I simply do not understand how people can be so foolish as to think that they can get married before they finalize a divorce from someone else.

It makes absolutely no sense to me whatsoever.

 

[tackyjan]

So, I am guessing that applying for a divorce doesn't mean anything. It's when the divorce is finalized that counts?

Even though South Carolina issued the marriage license it was effectively useless because the North Carolina divorce had not completed? Do the states not have access to each others records? (Not looking for a loophole here, just curious.)

Also, does the fact that the 1st husband left and they were 'separated' not apply here? I guess presumption of divorce from the 1st husband does not justify anything?

 

[tackyjan]

I think the more tragic thing here comes with the Pandora's box that's about to open. Consider the benefits that my friend has been receiving from her 'husbands' employment. Doesn't this mean all the benefits were received unlawfully?

 

[Ohiogal]

I think the more tragic thing here comes with the Pandora's box that's about to open. Consider the benefits that my friend has been receiving from her 'husbands' employment. Doesn't this mean all the benefits were received unlawfully?

Yep. She has committed a felony. Tell her to prepare for a LOT of trouble. It is not tragic at all.

So, I am guessing that applying for a divorce doesn't mean anything. It's when the divorce is finalized that counts?

Even though South Carolina issued the marriage license it was effectively useless because the North Carolina divorce had not completed? Do the states not have access to each others records? (Not looking for a loophole here, just curious.)

Also, does the fact that the 1st husband left and they were 'separated' not apply here? I guess presumption of divorce from the 1st husband does not justify anything?

Applying means NOTHING. She is NOT divorced until it is finalized. It is NOT the states' responsibility. It was HERS to make sure she was divorced. And the fact that 1st husband left and they were separated means NOTHING.

Again, tell her to pack light and bone up on self defense.

 

[Zigner]

So, I am guessing that applying for a divorce doesn't mean anything. It's when the divorce is finalized that counts?

Even though South Carolina issued the marriage license it was effectively useless because the North Carolina divorce had not completed? Do the states not have access to each others records? (Not looking for a loophole here, just curious.)

Also, does the fact that the 1st husband left and they were 'separated' not apply here? I guess presumption of divorce from the 1st husband does not justify anything?

You are talking about the ENTIRE WORLD accessing the records. What if she had moved to (xyz) and gotten a divorce there before moving back? What if ... What if... There is no way that you can SERIOUSLY expect the various folks in charge to be able to keep track of the life of every single person.

 

[tackyjan]

What are the chances that prior employers and or insurance companies might come after her for paid benefits?

 

[Proserpina]

What are the chances that prior employers and or insurance companies might come after her for paid benefits?

No idea.

Crystal ball is out for recalibration.

(Really - how on earth can we predict such a thing? )

And seriously this is something your..friend...needs to be discussing with an attorney ASAP.

 

[Silverplum]

What are the chances that prior employers and or insurance companies might come after her for paid benefits?

Not high enough for *my* taste.

 

[tackyjan]

No idea.

Crystal ball is out for recalibration.

(Really - how on earth can we predict such a thing? )

And seriously this is something your..friend...needs to be discussing with an attorney ASAP.

I realized the question was a shot in the dark the moment I asked it. Didn't bother to delete it though. I thought there might be a slight chance of an organization existing that polices such matters.

 

[tackyjan]

It looks like my friend has done wrong and she will definitely get what's coming to her.

I realize that most of you like to see someone get punished when they actually deserve it. I do too. Plus it makes for interesting reading on these forums.

So I thought you might want to know how much trouble she is in.

Her husband is going to kick her out of the house and she has some serious medical issues (which no doubt will require future hospital stays). When she and her husband do eventually break up she will need to get insurance right? This will likely mean going on social security disability and eventually getting on medicare. In her case it's not that easy. What if the social security administration needs proof that she is no longer getting medical insurance through her husband? Well, how can she prove that she no longer gets insurance if she never got legally in the first place?

I am afraid that if she does things the 'right' way from here on out it will all catch up to her. Seems as if staying low on the radar is her only hope but that isn't going to be possible anymore.

Talk about being between a rock and a hard place.