Married in 1998 and filled for divorce in 2001 in USA, then moved to France and get married in 2003, i have discovered recently that the divorce did not went through for non service, now i am affraid about my marriage being void,
please help me, as my wife was randomly selected for a visa to the USA,
Unfortunately, your current marriage under US law is invalid. You will have to file for divorce from your former wife, who is still legally your wife. Are you sure your wife did not file for divorce since you left the country? The question then becomes whether you can file here without first establishing legal residency again. In what state was your divorce action filed?
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
If your divorce was never finalized then you will have to refile for divorce and then remarry once the divorce is legally finalized. Good luck to you. Talk to an attorney for more advice and information.
It must be a shock, however it appears that you remain married as the divorce was not finalized. Until the Judge signs the divorce decree, upon taking proofs on the record, in open court, and that decree is recorded with the Court clerk, you remain married.
You must return to that jurisdiction, retain counsel to assist you, and secure a judgment. Your attorney may have to file a separate motion to re-open the earlier file in order to begin this process
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