What to do if I mistakenly thought that I was divorced when I "remarried"?
Question Details: I found out that I'm still married to a woman after 28 years. We communicated and agreed that we would divorce because she was going to remarry. She remarried and had a family, so I assumed that we were divorced. About 26 years ago, prior to communication with her, I did attempt to file for the divorce by doing it myself, however it was denied by the judge for incomplete documentation. Then, 6 years ago, I remarried under the assumption that since she was married we were divorced. I'm trying to find out what direction do we need to go to resolve this matter.
While you should retain a family law attorney (a/k/a matrimonial or divorce attorney) to help you sort this out because there may be a considerable amount of legal paperwork involved, in essence, you have to first divorce Wife 1 then remarry Wife 2. You are not legally married to Wife 2, since no one can marry someone while still married to someone else.
In addition, since you are not legally married to Wife 2, to protect you and her, you need to execute documents like a power of attorney, living will/medical power of attorney, and will, because since and Wife 2 are not presently married, she does not automatically have the legal rights or authority of a spouse.
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