What to Do If You Find out You Are Not Actually Divorced

What to Do If You Find out You Are Not Actually Divorced

By Frank Vendt |

The act of divorce is a routine legal matter. Property division and child custody issues that accompany divorce can be complex, but simply dissolving a marriage is often fairly straightforward. Even so, some people find out later that their marriage was not properly terminated, and this can is a disturbing and upsetting revelation that may have significant legal consequences.

If you are concerned that your marriage was not legally dissolved, you should contact an attorney immediately.

Reasons Why a Divorce Did Not Occur

There are numerous ways a someone can wrongly believe that they are divorced. Some people may believe that their ex had taken care of the divorce proceedings and that they need to take no action. Perhaps they signed the required paperwork and trusted that the other person would follow through.

Other times a divorce might not comply with the formalities required by Texas law. This is especially common in divorces where there was no attorney involved. However, even when a lawyer was hired, a divorce may not have been done properly.

Complications from a Divorce That Was Never Finalized

This issue can be very serious and have implications for many areas of your life. If you got married after you thought your divorce was completed, that second marriage is likely not valid.

That would mean that even though you have been living as a married couple the property you accumulate would likely not be considered community property. It also means that you are accidentally in a bigamous marriage. The good news is that this is not usually considered to be a crime.

Not getting properly divorced also means that any assets that you have accumulated could potentially be treated as community property with respect to your ex. As a result, it may be the case that your ex is entitled to his or her share of your income for the years you were married.

Contact a Katy, TX Divorce Attorney

Cases in which divorces are not properly filed highlight the need for the assistance of a skilled attorney, even in the simplest of divorce cases. The ramifications of an improper divorce are great.

To schedule a consultation with Texas family law attorney Frank J. Vendt, call our office today at (832) 276-9474 or contact us online.

1 https://www.law.cornell.edu/wex/divorce

2 http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm