Bagdad, FL Divorce Law Firms & Lawyers

A person's failure to complete a divorce terminating a marriage renders a subsequent marriage null and void in Louisiana. A previous marriage is an impediment to getting legally married in Louisiana. The second spouse does not have to file for divorce, the marriage is simply null. Some clients prefer to take action to have a court declare the marriage invalid for purposes of public notice, but it is not necessary. If a person is not aware that their spouse was still married and not divorced, and married that person in good faith, they have rights as a "putative spouse" which may include rights for support and maintenance, and property rights regarding property obtained by that couple. The previous spouse has rights as well, including a continuing interest in community property such as pensions, retirement accounts, etc. The still-married and married again spouse may have criminal liability under the bigamy statutes, and could certainly be divorced for adultery if the second marriage were consummated. A person involved in this relationship, in any of the positions-first spouse, second spouse or twice married spouse should seek legal counsel immediately to sort out their rights and options.

If you are already divorced your SSD income would be your separate property. Now if you owe support arrears then she can get paid from those funds - with some protections.

In addition to seeking public assistance, you may be able to file with the court for support and maintenance without dissolution of marriage. Generally, the response to such a filing is a counter-petition for dissolution of marriage, which you may also want to consider filing for. Consult with an attorney to discuss the specifics of your situation, and your options.