fella marries believing he was divorced from 1st wife. shortly before their 1st anniversary the "ex" calls to let him know she did not complete the divorce.????Fella is scared to death about the situation. No divorce after 10 yrs-scared of being put in jail. Is it true 2nd marriage invalid.
What happens, IRS, etc????
good grief that's a mess.
Bigamy is a crime, although intent has to be shown.
The key is fixing things right away. The problem will not get better with time.
Step one is to see a lawyer and do the divorce. Step two, since your present marriage is void is to address that (likely via annulment and then a new marriage).
As you note there may also be tax and other consequences your lawyer can help you with.
Yes, it is true that the second marriage is invalid. A marriage cannot be valid if either party is not "available" to be married. In order to "straighten out" the invalid marriage, your wife (the new one) may need to seek an annulment. (If you two have children, she will need to get a divorce.) You need to divorce your former wife. Once you have a divorce decree in your hands, you will be free to marry your wife.
What happens with the IRS is a different issue. You would need to pose that question to Tax Attorneys, CPAs or other tax professionals. I would suggest that you post your question again but this time list the practice area as "Tax".
Good luck straightening this all out.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
First thing the fella needs to do in this situation is contact the Court in the state where the divorce should have been granted to find out if the information is correct, or if the ex is just trying to torture him.
If the divorce was never completed, then talk to an attorney licensed in your state, and find out what you need to do to complete the divorce, and to find out whether your current spouse needs to file for an annulment.
If you did not have intent, it should be okay, and an attorney should be able to help you straighten this out. Don't panic, but act immediately, and it should all be okay.
The discussion herein is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this answer or any of the links contained herein do not create an attorney-client relationship between The Law Office of Amy K. Butler, Esquire, PLLC, or Amy K. Butler, Esquire and the user or browser.
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