Divorce of frankie and robert

Levankie

New Member
Jurisdiction
Virginia
My husband and I have been separated since 2000. I've tried to divorce him but he avoids being served then he contests when legal aid contacts him. I've recently became aware he's remarried and went out of state to do this. I want nothing from him. He's messed my credit up badly. What do I do??
 
Did you have a lawyer when you tried getting a divorce?

If not, I suggest you get one because there are ways to serve by publication if you can't serve him any other way. And then you can get a divorce by default.

As for his remarriage you are free to report his bigamy to the authorities. Assuming, of course, that you have documentary evidence of the remarriage and not just somebody's rumor.

Your credit, on the other hand, you are stuck with that and will have to dig yourself out as best as you can.
 
I've recently became aware he's remarried and went out of state to do this.


This is the easiest angle for you to work.

Obtain PROOF of his marriage(s).

Take the PROOF, or your "information" to your district attorney's office or local prosecutor, and ask to speak to an investigator about the crime of bigamy,

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What constitutes bigamy in Virginia?

Bigamy occurs when a married individual marries another person. Bigamy is subject to prosecution as either a felony (Va. Code § 18.2-362) or a misdemeanor (Va. Code §§ 20-38.1 to 20-40) as follows:

"If any person, being married, shall, during the life of the husband or wife, marry another person in this Commonwealth, or if the marriage with such other person take place out of the Commonwealth, shall thereafter cohabit with such other person in this Commonwealth, he or she shall be guilty of a Class 4 felony. Venue for a violation of this section may be in the county or city where the subsequent marriage occurred or where the parties to the subsequent marriage cohabited." Va. Code § 18.2-362

"(a) The following marriages are prohibited: (1) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties . . ." Va. Code § 20-38.1

"If any person marry in violation of § 20-38.1 he shall be confined in jail not exceeding six months, or fined not exceeding $500, in the discretion of the jury . . ." Va. Code § 20-40.
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Virginia Bigamy Law: A Crime in Two Marriages - Virginia Criminal and Traffic Law BlogVirginia Criminal and Traffic Law Blog
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Virginia Bigamy Law: A Crime in Two Marriages - Family Law Legal Blogs Posted by Attorneys - Lawyers.com
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Legal Process for Bigamy in Virginia
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The state will assist victims of bigamy with getting a divorce from the scoundrel.

If the BIGAMIST has married someone in a state like Texas, bigamy is a felony.

Texas Penal Code - PENAL § 25.01. Bigamy

(a) An individual commits an offense if:
(1) he is legally married and he:
(A) purports to marry or does marry a person other than his spouse in this state, or any other state or foreign country, under circumstances that would, but for the actor's prior marriage, constitute a marriage; or
(B) lives with a person other than his spouse in this state under the appearance of being married; or
(2) he knows that a married person other than his spouse is married and he:
(A) purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person's prior marriage, constitute a marriage; or
(B) lives with that person in this state under the appearance of being married.
(b) For purposes of this section, "under the appearance of being married" means holding out that the parties are married with cohabitation and an intent to be married by either party.
(c) It is a defense to prosecution under Subsection (a)(1) that the actor reasonably believed at the time of the commission of the offense that the actor and the person whom the actor married or purported to marry or with whom the actor lived under the appearance of being married were legally eligible to be married because the actor's prior marriage was void or had been dissolved by death, divorce, or annulment. For purposes of this subsection, an actor's belief is reasonable if the belief is substantiated by a certified copy of a death certificate or other signed document issued by a court.
(d) For the purposes of this section, the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage.
(e) An offense under this section is a felony of the third degree, except that if at the time of the commission of the offense, the person whom the actor marries or purports to marry or with whom the actor lives under the appearance of being married is:
(1) 17 years of age, the offense is a felony of the second degree; or
(2) 16 years of age or younger, the offense is a felony of the first degree.
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If he married his SECOND wife in a state like Texas, report the crime to that state's prosecutor in the county where the varmint resides.

In what state did the alleged marriage occur?
 
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