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(TampaBay.com (St. Petersburg Tim)   OOPS, I forgot to divorce my first wife   (tampabay.com ) divider line
    More: Florida, voluntary manslaughter, lawsuits, Ex-wife, widows, Pinellas counties, survivors  
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8890 clicks; posted to Main » on 09 Aug 2011 at 8:49 AM (4 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



46 Comments   (+0 »)
   

Archived thread
 
2011-08-09 08:30:54 AM  
"Bigamy is having one wife too many. Monogamy is the same."
- Oscar Wilde
 
ZAZ [TotalFark]
2011-08-09 08:32:15 AM  
"Documentation is necessary to prove that the defendant has held herself out as being divorced."

In some states you can get married by holding yourself out as married -- "common law marriage" -- but I didn't think there was such a thing as common law divorce.
 
2011-08-09 08:51:19 AM  
Dammit, not again!
 
Skr
2011-08-09 08:53:57 AM  
Shortly after a young inmate killed her prison guard husband, Julia Ann Hesson filed for survivor's benefits.


For the oddest reason, this made it seem to me that Julia Ann was the young inmate who killed her own husband. Wondered how you'd go about killing your husband and then collecting the bennies.

Anyways, it seems like the second marriage would be null and void if he was legally married already.
 
2011-08-09 08:55:58 AM  
I got 99 problems, being rich ain't one
 
2011-08-09 08:56:25 AM  
Here's an idea: split the money 50-50.
 
2011-08-09 08:57:21 AM  
I hate when that happens.
 
2011-08-09 08:58:51 AM  
Divorcing your first wife is not something you forget to do.
/marrying her should be
//trust me
 
2011-08-09 09:01:36 AM  
She couldn't find the husband to divorce him, but right after he gets killed and there is some cash available she miraculously finds him. Hmmmmmmmm.
 
2011-08-09 09:04:11 AM  

Skr: Shortly after a young inmate killed her prison guard husband, Julia Ann Hesson filed for survivor's benefits.


For the oddest reason, this made it seem to me that Julia Ann was the young inmate who killed her own husband. Wondered how you'd go about killing your husband and then collecting the bennies.

Anyways, it seems like the second marriage would be null and void if he was legally married already.


It's not the oddest reason... it's that the first sentence in that article is VERY poorly written. I had to read it several times myself before I figured out what the author meant.
 
2011-08-09 09:04:19 AM  
FTA: "a teen inmate at the facility pleaded guilty to voluntary manslaughter, admitting that he struck the 39-year-old guard with a fatal blow to the chest during some horseplay."

Wth kind of horseplay was that? Doesn't that word usually describle playing of some kind? Uhhhh yeah sorry about that, we were tickling each other and I accidently bashed his chest in......my bad......
 
2011-08-09 09:06:02 AM  
The only thing I could think of was that old romcom Sweet Home Alabama.
 
2011-08-09 09:07:52 AM  
I tell myself this every day.
 
2011-08-09 09:09:14 AM  

miss diminutive: Here's an idea: split the money 50-50.


I thought that would be the actual resolution to the case. Of course, logic has no place in our legal system. This is why I'm not married, just a serial dater. No one has any claim to my vast "fortune" of debt.
 
2011-08-09 09:09:34 AM  

btraz70: FTA: "a teen inmate at the facility pleaded guilty to voluntary manslaughter, admitting that he struck the 39-year-old guard with a fatal blow to the chest during some horseplay."

Wth kind of horseplay was that? Doesn't that word usually describle playing of some kind? Uhhhh yeah sorry about that, we were tickling each other and I accidently bashed his chest in......my bad......


I wondered about that too. Hubby may have been a pedo and she knew he would get killed eventually.
 
2011-08-09 09:09:53 AM  
She should have still been able to divorce him legally in most states even if he does not get the papers. She did not try hard enough. Also the court should have record of the filing so that should prove she tried to divorce him. Julia needs a better attorney. If I can think of this then why can he not and try to use that as a reason that Julie does not deserve the money?

/marries two girls with nearly identical names.
//Probably called them both Jules.
///dumbass married twice.
 
2011-08-09 09:10:05 AM  
The first wife is being a class act coont. "I raised his kids without any support from him, so I deserve the money." STFU! Your kids are RAISED. The second wife has children who still need raising! SHE was his true wife, loved him, and cared about him. You threw in the towel after 4 years because you were too young and stupid to make the marriage work. Fark you, do the right thing and give the money to a mother in need.

I forget though, she's a product of the entitled generation where a money grab is morally okay no matter what the circumstances.
 
2011-08-09 09:10:51 AM  
Interesting. I doubt this ends here, since we have divorce and marriage laws of at least four states (Hawaii, New York, Florida and Ohio) involved. It doesn't look good for the second wife, though. Her only out is that the first wife DID make an effort to finalize the divorce, but was unable to for lack of Service.
 
2011-08-09 09:12:04 AM  
Where to start?: Florida and Ohio, Julie and Julia, death by horseplay, shiatty writing. Nice find, subs.

/Flohio?
//No, that's really dumb.
 
2011-08-09 09:14:08 AM  

miss diminutive: Here's an idea: split the money 50-50.


Probably because of something like this: "I ain't givin' that dirtbag ho none o' my mownies!!!"
 
2011-08-09 09:16:37 AM  

btraz70: FTA: "a teen inmate at the facility pleaded guilty to voluntary manslaughter, admitting that he struck the 39-year-old guard with a fatal blow to the chest during some horseplay."

Wth kind of horseplay was that? Doesn't that word usually describle playing of some kind? Uhhhh yeah sorry about that, we were tickling each other and I accidently bashed his chest in......my bad......


Probably a fight with 5-6 kids. He steps in to break it up and gets a heart punch.

\Did a death case very similar to this in another state
\\As far as I know, the kids involved never were charged.
 
2011-08-09 09:19:55 AM  

hailin: The first wife is being a class act coont. "I raised his kids without any support from him, so I deserve the money." STFU! Your kids are RAISED. The second wife has children who still need raising! SHE was his true wife, loved him, and cared about him. You threw in the towel after 4 years because you were too young and stupid to make the marriage work. Fark you, do the right thing and give the money to a mother in need.

I forget though, she's a product of the entitled generation where a money grab is morally okay no matter what the circumstances.


"To those by their need."

/ where have I heard that before?
 
2011-08-09 09:21:47 AM  
dudelol.com
 
2011-08-09 09:22:50 AM  

DubyaHater: miss diminutive: Here's an idea: split the money 50-50.

I thought that would be the actual resolution to the case. Of course, logic has no place in our legal system. This is why I'm not married, just a serial dater. No one has any claim to my vast "fortune" of debt.


It just sounds like the classic Prisoner's dilemma. If both of these women fight for the money they risk losing it to the other, but if they just come to an agreement and compromise they can each walk away with $75,000 guaranteed.

But what do I know? I bet neither of them are thinking rationally at the moment anyway. Especially the one who just found out her marriage might be null and void because her late husband forgot to do some paperwork and be honest about it.
 
2011-08-09 09:27:38 AM  

stazz: "To those by their need."

/ where have I heard that before?


I just have a hard time with a woman sweeping in claiming that "Oh yeah! He was my husband! Gimme all the money!" after she took NO effort to divorce him or include him in anyway in her children's lives. Of course he could have made some effort too, but if she had it so hard and was really hurting for money, then why didn't she go after him earlier? It is pretty easy to contact the military and say "Hey, I want to divorce my husband who works for you, but I can't find him. Track him down." since he has to supply his current address to receive his military benefits. Or better yet, garnish payment out of his military benefits.
 
2011-08-09 09:29:45 AM  
According to the article, the first wife tried to serve her husband divorce papers but the process server could never find him. How does that not prove intent under the documentation waiver the original judge was asking for?

And although the first wife had two kids she raised on her own who are likely in their mid teens by this point - she holds her head up high claiming she never took a penny of child support from the guy? Yet she's making a stink about holding this ransom now? Sounds like a greedy coont to me. Never crossed her mind after all those years to try filing again to find him?
 
2011-08-09 09:36:49 AM  

RoosterCogburn: According to the article, the first wife tried to serve her husband divorce papers but the process server could never find him.
Yet she's making a stink about holding this ransom now? Sounds like a greedy coont to me. Never crossed her mind after all those years to try filing again to find him?


Insanity: doing the same thing repeatedly expecting to get a different result.
 
2011-08-09 09:37:26 AM  
This headline made me LOL... because I read it like this:

s133702574.onlinehome.us

Yay for morning poop thoughts!
 
2011-08-09 09:40:09 AM  

hailin: t is pretty easy to contact the military and say "Hey, I want to divorce my husband who works for you, but I can't find him. Track him down."


He didn't work for them any more.

since he has to supply his current address to receive his military benefits. Or better yet, garnish payment out of his military benefits.

What's she supposed to do - sue the military?
 
2011-08-09 09:51:33 AM  
blog.commarts.wisc.edu

"I forgot that bigamy was illegal...."
 
2011-08-09 09:55:19 AM  
are you posting this link because 'sweet home alabama' was on E! last night Billy Ray?
 
2011-08-09 09:58:40 AM  
In Ohio one does not need to be able to find ones spouse to divorce them. All they have to do is file an affidavit saying they searched but couldn't find their spouse. (there is a process that must be followed)

Then they publish notice of the divorce, wait a while and then do the deed.

No property distribution can be made but the divorce can be had.
 
2011-08-09 09:59:20 AM  
When my ex and I divorced, we did it all ourselves. We went to the library looked up all the forms, filled them out, went to the city/county building and filed them and payed the fees. No contest on the divorce, over and done. We each moved within two months after that. There is were the problem came in. Apparently they sent us a letter about three months later (love the efficiency of our government) saying that we forgot to initial some place on the form and it had to be initialed to be legal. Neither of us got it.

Move forward two years later, she is getting remarried. When she and her new husband to be go to the same said city county building, they find out she is still married to me.

Through a friend of her's she found a lawyer who was willing to file the paperwork for us for two cases of beer and the filing fee.

/So I am getting a kick... etc.
//True story.
 
2011-08-09 10:04:51 AM  
First wife attempted divorce. Now she's claiming benefits... Second wife is in the tank with two children...

Small wonder that he left the first one...
 
2011-08-09 10:11:06 AM  
I'm almost divorced from my first wife, so I'm getting a kick out of this article.
 
2011-08-09 10:28:43 AM  

PaceyWhitter: In Ohio one does not need to be able to find ones spouse to divorce them. All they have to do is file an affidavit saying they searched but couldn't find their spouse. (there is a process that must be followed)

Then they publish notice of the divorce, wait a while and then do the deed.

No property distribution can be made but the divorce can be had.


I think that is the case in many states. Seems neither woman can find a competent attorney. The first for not being able to finalize the divorce. The second for not having an attorney that can point out that the first one filed so she must not want to be married still. The court still would have a copy of the original filing as proof that she filed and thus no longer wanted to be married. Should not take much to prove at all.
 
2011-08-09 10:30:48 AM  

MannaxOne: When my ex and I divorced, we did it all ourselves. We went to the library looked up all the forms, filled them out, went to the city/county building and filed them and payed the fees. No contest on the divorce, over and done. We each moved within two months after that. There is were the problem came in. Apparently they sent us a letter about three months later (love the efficiency of our government) saying that we forgot to initial some place on the form and it had to be initialed to be legal. Neither of us got it.

Move forward two years later, she is getting remarried. When she and her new husband to be go to the same said city county building, they find out she is still married to me.

Through a friend of her's she found a lawyer who was willing to file the paperwork for us for two cases of beer and the filing fee.

/So I am getting a kick... etc.
//True story.


Bet you remember to forward your mail every time you move.
 
2011-08-09 10:34:05 AM  

mctwin2kman: point out that the first one filed so she must not want to be married still. The court still would have a copy of the original filing as proof that she filed and thus no longer wanted to be married. Should not take much to prove at all.


And then what? The fact that the first wife didn't want to be married any more doesn't suddenly make the second marriage valid. The second "wife" is not his wife, because the second marriage is void, so she has no legal interest in his benefits, regardless of whether the first wife wanted to be married or not.

The only questions, and they aren't that easy, are whether (i) Ohio has a putative spouse doctrine that would give her an equitable interest; or (ii) New York has a default divorce doctrine that could result in the first marriage having been dissolved prior to the second marriage.
 
2011-08-09 10:42:11 AM  
I knew a woman who had to go track down her ex in some town hundreds of miles away so he could sign the papers divorcing them, so she could remarry. They'd split up years before, but since they were both drinking pretty heavily at the time, they didn't quite get the divorce done. She was really nervous about confronting him with new divorce papers, since she hadn't seen him in six years, but it was no problem--she found him in the local bar, gave him the papers, and he signed them and wished her good luck. She was quite relieved.
 
2011-08-09 10:47:08 AM  

Theaetetus: mctwin2kman: point out that the first one filed so she must not want to be married still. The court still would have a copy of the original filing as proof that she filed and thus no longer wanted to be married. Should not take much to prove at all.

And then what? The fact that the first wife didn't want to be married any more doesn't suddenly make the second marriage valid. The second "wife" is not his wife, because the second marriage is void, so she has no legal interest in his benefits, regardless of whether the first wife wanted to be married or not.

The only questions, and they aren't that easy, are whether (i) Ohio has a putative spouse doctrine that would give her an equitable interest; or (ii) New York has a default divorce doctrine that could result in the first marriage having been dissolved prior to the second marriage.


Ohio doesn't use the Uniform Marriage and Divorce Act and therefore does not recognize putative marriages. A default divorce can only occur is service is perfected and then the respondent fails to answer the complaint. This did not occur so there is no way the first marriage was legally dissolved.

Due to the fact that the judge is asking for documentation of the first wife's intent, he must have some powers in equity in this area of the law. (I've never handled a case like this) If this just went by the letter of the law the money would go to the first wife without question. (this is why Ohio needs to create a putative marriage doctrine)
 
2011-08-09 10:50:04 AM  
Damn, I knew there was something I wanted to do today.
 
2011-08-09 10:55:44 AM  
I am leaving everything to a sibling I trust with instructions to disperse at they see fit. kids will be provided for...and any looney tune from my past trying to make a claim is shiat out of luck.
 
2011-08-09 11:04:41 AM  

Theaetetus: mctwin2kman: point out that the first one filed so she must not want to be married still. The court still would have a copy of the original filing as proof that she filed and thus no longer wanted to be married. Should not take much to prove at all.

And then what? The fact that the first wife didn't want to be married any more doesn't suddenly make the second marriage valid. The second "wife" is not his wife, because the second marriage is void, so she has no legal interest in his benefits, regardless of whether the first wife wanted to be married or not.

The only questions, and they aren't that easy, are whether (i) Ohio has a putative spouse doctrine that would give her an equitable interest; or (ii) New York has a default divorce doctrine that could result in the first marriage having been dissolved prior to the second marriage.


The judge is asking for documentation of the first wife's intent. I would say filing for divorce is pretty good documentation. Also I was staying that the wife should have had a better lawyer because in most states you can still get a divorce if the spouse does not sign. It takes a little longer to do but it can and is done. I think she could have finalized it in 10 years time.
 
2011-08-09 11:06:09 AM  

PaceyWhitter: Ohio doesn't use the Uniform Marriage and Divorce Act and therefore does not recognize putative marriages.


It's not a therefore - the UMDA codified the putative marriage doctrine that already existed in few states. Hence the question - is Ohio one of 'em?

A default divorce can only occur is service is perfected and then the respondent fails to answer the complaint. This did not occur so there is no way the first marriage was legally dissolved.

And how may service be perfected in New York? Does it include certified mailing, for example? What happened after the process server in Hawaii failed to find the guy?

Due to the fact that the judge is asking for documentation of the first wife's intent, he must have some powers in equity in this area of the law. (I've never handled a case like this) If this just went by the letter of the law the money would go to the first wife without question. (this is why Ohio needs to create a putative marriage doctrine)

Since the judge is asking for documentation, then he may well be applying a putative spouse doctrine to determine whether the second "wife" has a greater equitable interest than the first wife.
 
2011-08-09 11:22:20 AM  
Are we forgetting the man involved in this?
He married another women and didn't bother to get the divorce.
Oh yes the 1st wife should have tried harder if she wanted the divorce,but the man
never bothered to even get a divorce before he married his second wife.
Of course he is all dead and stuff so we can blame him.
 
ZAZ [TotalFark]
2011-08-09 11:26:46 AM  
Until a year or two ago New York did not allow no fault divorce. That may upset the "but I wanted a divorce" argument.
 
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