Issues To Consider When Remarried But Never Divorced

Tim Blankenship here with and what we’re talking in this video is what happens if you are married and find out that your divorce was never finalized. And this happens more than you would think. And I want to go over a couple of things that might come to mind, some considerations that might worry you and kind of put that to rest.

So number one, if you’ve gotten remarried and then later find out your divorce was never finalized, that does not void your marriage, your new marriage is still valid. What it does though, It does give your spouse the opportunity to file to have the marriage voided,if they decided to, but you know, that’s something they would have to consider doing.

We’ve never seen that happen. But that does not happen automatically. There would have to be a new legal action taken. So your new marriage is not void. We just need to finalize your divorce. The other thing that comes up is, does that extend the actual length off your marriage If your divorce is not finalized? And the answer is no.

When you filed the petition, you indicated a data separation and that date of separation will remain even if you didn’t finish your divorce for 20 years, so you do not continue, although you are technically married on paper, it does not accrue as far as the length of your married is. As far as the length of your marriage, as far as community property division goes, that separation is going to stand even if you have waited now twenty years later.

And because the time does not increase on your length of marriage, this doesn’t impact things such as Social Security or division of community property. Or if you’ve accrued a pension over the last 20 years, that dat of separation really is that line in the sand. So when this happens and again, it happens quite a bit and you find yourself still married, even though you’ve been remarried just give us a call.

We can finalize your divorce, assuming your case is still open. If it’s not, we just file a new case, it’s really not a big deal. Tim Blankenship, you’re having a great day. Talk to you soon.