Divorce question

[GINO40]

Just curious...does anyone know what the legal implications of marrying someone while still married to someone else? This is the situation: My "husband"(I'm putting it in quotes because I can't officially call him my "ex" because we are not legally divorced) and I have been separated for four years and not living together for any of those years. He is currently living with a woman who insists that they are married even though I have never received court papers or any kind of notification that "husband" and I are legally divorced! The reason that I found out is that he cancelled my health insurance without my knowledge and when I called to ask why this woman blew a gasket and sent me a nasty e-mail saying she was his wife and why should he cover my insurance when we are no longer married! Any input from this board would be appreciated, thanks!

[Heat04]

I thought if that happened the marriage would just not be valid?

Or your ex will go to jail for Polygamy  jk

[ladiedeathe]

Unless you have signed divorce paperwork, or been served with paperwork, refused to sign, and ignored the court date so it was granted in your absence, you are most likely still married. You can try searching your name in the local county's court records database, then do the same for his local county. Divorce decrees will show up as a court proceeding.

You really should speak with him and clear this up though. Without a court decree there is nothing to "make" him continue your insurance or any other arrangement you may have made. If he really has had a second ceremony and is a bigamist, you want to distance yourself through a real divorce as soon as possible.

Good luck.

[GINO40]

I'm pretty sure it is polygamy, but how can you get a marriage license when you are not even divorced! This is so crazy but I think he went into this relationship not telling her we were not legally divorced and she believed him! I'm going down to the courthouse on Monday and filing the divorce papers, oh that's right we are "divorced". I'm so confused!!

[Elfqueen13]

Have you spoken to a lawyer?  In my state it is not legal to discontinue health insurance without a divorce.

[GINO40]

I checked on Intellius and found no record of a divorce, just a marriage between us. He will not talk to me as she will not allow it! When I called him on his cell yesterday regarding the insurance issue she answered his phone and acted like his secretary.

[Sophia]

At this point, I would call the HR office at his work.  If you are feeling generous you could call his phone and tell his concubine that you will be calling his HR and that it might be a better idea to let the two of you talk. 

[artk2002]

Definetly... call a lawyer and HR.  He may be able to take you off of the insurance, not because of any "divorce" but simply because he can.  My insurance doesn't automatically cover a spouse or other dependent.  I have to "opt-in" for them.

If you've been separated for four years, why have you not filed for divorce?  Get the ball rolling!  If you're entitled to it, you can receive spousal support and then buy your own insurance.  Remaining married puts you at risk financially... if he cheats on his taxes, you could be liable for them (You can file an "innocent spouse" declaration, but who wants to do that.)  He can also damage your credit rating if you have any joint accounts (If you do, get your name off of them, ASAP!)

Don't try to talk to him, or her, except through a lawyer.

(Depending on the state, your ex's girlfriend may be trying to claim a common-law marriage.)

[cass2591]

The reason that I found out is that he cancelled my health insurance without my knowledge and when I called to ask why this woman blew a gasket and sent me a nasty e-mail saying she was his wife and why should he cover my insurance when we are no longer married! Any input from this board would be appreciated, thanks!

You need to talk to an attorney.

[jimithing]

The marriage would not be legally valid or recognized.  The proper term for this is "bigamy", not polygamy. It's actually a criminal offense to marry someone while being legally married to someone else. It can be punishable by imprisonment or a fine.

Generally, with polygamy, all parties are aware of the situation and are OK with it, and most polygamists are only legally married to one wife and then "spiritually" married to the other wives. With bigamists, this is generally done in secret and the wives do not know about each other.

[snowball's chance]

He can also damage your credit rating if you have any joint accounts (If you do, get your name off of them, ASAP!)

Also any other unpaid debt he incurs.

[Audrey Quest]

He also may have cancelled you so that he could put this 2nd "wife" on the policy, in which case he is also guilty of fraud.

[Sophia]

He also may have cancelled you so that he could put this 2nd "wife" on the policy, in which case he is also guilty of fraud.

In which case it would be sort of funny if the other woman gets kicked off his insurance.  Because regardless of whether or not he must have his wife on his health insurance, he can't have the other woman on it. 

[zainabzks]

My understanding is that it is a criminal offence to have more than one wife at a time.

[Animala]

It depends on if he married her (like with a marriage certificate) or if they are just living together.  At least that is the way it is here.  If her married her you can bust his backside of polygamy.  Get a lawyer and have some fun.