can a divorce after 30 years and 3 wives be annulled?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
can a divorce after 30 years and 3 wives be annulled?
my father is in a nursing home my mother passed away and his new wife also passed away recently his first wife who he has been apart from for 30= years has him sign a paper calling it a annullment of a divorce stating they are now married is this possible and if so does anything my mother owned now mine because it erased their marriage?
Asked on May 18, 2009 under Family Law, Kentucky
Answers:
Joanna Mitchell / Joanna Mitchell & Associates, P.A.
Answered 15 years ago | Contributor
You need to have the papers reviewed by an attorney (in person) before your father signs anything. He could be giving up valuable rights or worse by signing the document without it being reviewed by an attorney. The question then becomes, did your father ever divorce his first wife? and was a final judgment or decree of dissolution of marriage ever entered and made final? or were they just separated for 30 years? You may need to search public records to find this out. If in fact he was still legally married to his first wife during the past 30 years, then any subsequent marriages are invalid and void (as if they never occurred). This can have significant impact on any subsequent transfers of property, either through a subsequent will or a divorce, and you most definitely need to contact an attorney regarding the potential impact this might have.
Joanna M. Mitchell / Mitchell & Associates, PA
Answered 15 years ago | Contributor
You need to have the papers reviewed by an attorney (in person) before your father signs anything. He could be giving up valuable rights or worse by signing the document without it being reviewed by an attorney. The question then becomes, did your father ever divorce his first wife? and was a final judgment or decree of dissolution of marriage ever entered and made final? or were they just separated for 30 years? You may need to search public records to find this out. If in fact he was still legally married to his first wife during the past 30 years, then any subsequent marriages are invalid and void (as if they never occurred). This can have significant impact on any subsequent transfers of property, either through a subsequent will or a divorce, and you most definitely need to contact an attorney regarding the potential impact this might have.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.