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My divorce isn't final yet, but my spouse has remarried. Isn't this illegal? What can I do about it?
My divorce isn't final yet, but my spouse has remarried. Isn't this illegal? What can I do about it?
By entering into a marriage with one person while still legally married to you, he or she has committed bigamy. The real question is "What do you want to do about it?"
Obviously, you should contact your attorney and discuss this issue. It's likely that this event can be used to strengthen your case. Unless it materially affects the outcome of your case, you may want to ignore it.
Although illegal, if the bigamous act occurred at the end of your divorce proceedings, it may be viewed as more of a technical violation than a deliberate, continuing act of fraud (what bigamy laws are generally intended to prevent).
Note that you don't actually have to be married to commit bigamy, a popular misconception. In some States, an unmarried person commits the crime of bigamy if he or she "purports to contract marriage knowing that the other person is married" or "cohabits in this state after a bigamous marriage in another jurisdiction". (This is sample wording from the Missouri Revised Statutes, but other States have similar provisions.)
My ex was supposed to take over the car payment and take my name off the loan, but the creditor is still coming after me. Can they do that?
Yes, they can. Basically, creditors aren't subject to divorce court rulings because they're not parties to the divorce case.
A common misconception about debts in divorce cases is the "removing" of one or the other spouse's name from a community debt (like a car loan).
It's not within the power of the divorcing spouses or the divorce court to relieve either spouse of their individual responsibility to pay community debts. Only the creditor can do that, and the creditor isn't likely to remove either spouse's name from the account just because they've gotten divorced.
As mentioned above, creditors don't have to abide by divorce court rulings because they're not parties to the case. Therefore, even though you may have a signed court order that makes your spouse responsible for a particular debt, the creditor can (and will) still legally come after you for the money owed on the debt.
My spouse has obtained a credit card in her name only and has charged quite a bit on it. Am I responsible for any of this debt even though I'm not on the card?
If the debt was accumulated before the date of legal separation, you may very well be responsible for half of it.
If the debt was accumulated after the date of legal separation, you should in theory not be responsible for it, but creditors may come after you for the money regardless- even if this debt is assigned to her in the separation agreement or divorce decree.
Because they were not a party to the divorce, the creditors do not have to abide by its terms, and will still probably attempt to make you pay (which they have the legal right to do).
I've filed for divorce and my spouse wants to reverse it because it prohibits her from moving out of state and taking our 2 children. Is there any way she can do this?
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Your ex cannot prevent you from obtaining a divorce unless you're in a 'fault' State and cannot prove fault. In a 'no fault' State you can dissolve the marriage whether your spouse agrees or not.
- Whether or not she can move out of State would depend in part on the terms of the Separation Agreement, which typically restrict the movement of the children until the divorce is finalized. If no Separation Agreement exists (or is in effect), either parent may move at will with the children, just as any parent would be able to.
I have joint custody of my daughter and I'm getting ready to move out. Her mom claims that her lawyer told her that I must get a two bedroom apartment and my child must have her own room. Is this true?
Your child should have her own room. Although not a legal requirement in most jurisdictions, it is an expected standard. Having her own room also helps prevent spurious complaints of improper behavior and/or living arrangements from being lodged against you.
False allegations have been made in situations where there is only one room, and for that reason alone. For infants this isn't a serious issue, but the older the child the more important it is that he or she have their own room, especially if the child is of the opposite sex.
Also read:
- DO's and DON'T's When Falsely Accused Of Sexual Abuse
- Dealing With Threats Of False Allegations
- False Accusations of Physical and Sexual Abuse
- Allegations Of Child Sexual Abuse In Divorce Cases: Responding To Criminal Charges