In Florida, you must go through a series of steps to finalize a dissolution of marriage, known as a divorce. Those steps include first filing for the divorce, attending mediation sessions, and finally
receiving a final judgement in court that legally dissolves the marriage.
For one of our clients, a crucial step in his divorce was never completed years ago, and he found himself in a sticky situation. After initiating a divorce in 2022, our client moved on with his life and had recently remarried. It was brought to his attention shortly after that he might still be
married to his first wife.
Our client reached out to Florida Rural Legal Services, Inc. (FRLS) for help figuring out what was missing from his divorce petition and was matched with a Pro Bono attorney. FRLS is a non-profit law firm that provides free civil legal aid to qualified individuals, families, and vulnerable communities across 13 Florida counties and to farmworkers statewide.
The attorney was able to give him advice on the situation at one of our Family Law Clinic sessions, and confirmed that he never received a final judgment, making him still legally married to his first wife and his new marriage void.
This is a big deal because in Florida and across all 50 states, marriage to two or more people, also known as bigamy, is against the law. Although unintentional, this mistake could be punishable by a $5,000 fine and up to five years in prison according to Florida Statute 826.01.
The Pro Bono attorney instructed him on how to handle the upcoming hearing and how to ask for a final hearing. Since mediations with his first wife were already completed, timesharing, child custody, and division of assets between them were already established.
Our client was able to set up a final hearing and finalize his divorce. Thankfully there was no punishment for the misunderstanding since our client reasonably believed that his previous marriage was finalized and he was able to remarry legally (Florida Statute 826.02).
Family law can be complicated for everyday people. If you are unsure if you’ve completed all the steps in your divorce case or if you need an attorney to stand by you in court, contact FRLS to see if you qualify for our free legal services at 1-888-582-3410.
About Florida Rural Legal Services (FRLS):
Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm that provides free civil legal aid to qualified individuals, families, and vulnerable communities across 13 Florida counties and to farmworkers statewide. Since 1966, FRLS has pursued justice by providing legal services in
housing law, family law, consumer protection, public benefits, elder law, disaster relief, education law, and more, all at no cost to our clients. FRLS collaborates with community organizations and Pro Bono attorneys to deliver quality advocacy, outreach, and education designed to protect the rights of those in need. For over 50 years, FRLS has been a steadfast advocate for justice. Learn more at www.FRLS.org.