tlm109 said:
My spouse and I have been apart since August 2000. He filed for divorce in Michigan, when he did he also filed exparte custody. He was granted temporary custody, which was revolked because he lied to get it and i proved it. Now he has sold most of the assets that belonged to us in our marriage and has asked me to draw up a resolution of divorce he wants it to say that I can have the House and land and contents of the house. He has also told me recently that he has remarried already with out our divorce being final and he said that it is only a 30 day misdameanor. Will I be losing out on what I am entitled to or would I be better off to let a judge dicide? Is it legal to agree on property division and draw up our own agreement and just have it notorized? And how do I draw up a paper stating all that he has agreed to. Do I need to go through my attorney?
My response:
To answer your most important question first, yes, you need to go through an attorney. You would have no idea how to put together a Property Division and Child Custody Agreement. Any such agreement MUST be signed by a judge to have any force and effect. Without a judge's signature, your agreement is worthless.
Next, the law in Michigan says your husband is an "idiot" - - and from the way you describe him, and what he has done, and really must agree.
First of all, he's committed the crime of Bigamy and Bigamy is a felony crime punishable by up to five years in prison.
Right there, that proves your husband is an idiot.
Second of all, since your husband is a bigamist, he's not married to his "second wife" then. If he thinks he's married, then once again, he's an "idiot".
Here's the pertinent law from Michigan that you can quote to your husband:
Section 552.1 Invalidity of marriages; relationship of parties, bigamy, insanity, idiocy; legitimacy of issue. Sec. 1. All marriages which are prohibited by law on account of consanguinity or affinity between the parties, or on account of either of them having a wife or husband then living, and all marriages solemnized when either of the parties was insane [/b]or an idiot[/b], shall, if solemnized within this state, be absolutely void. The issue of such marriage shall be deemed legitimate. History: R.S. 1846, Ch. 84;--CL 1857, 3222;--CL 1871, 4733;--How. 6223;--Am. 1883, Act 24, Imd. Eff. Apr. 11, 1883;--CL 1897, 8616;--CL 1915, 11392;--CL 1929, 12723;--CL 1948, 552.1;--Am. 1967, Act 229, Eff. Nov. 2, 1967.
551.5 Bigamy prohibited. Sec. 5. No marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband, shall have been dissolved. History: R.S. 1846, Ch. 83;--CL 1857, 3208;--CL 1871, 4723;--How. 6213;--CL 1897, 8592;--CL 1915, 11366;--CL 1929, 12694;--CL 1948, 551.5.
