Kearney, NE asked in Divorce and Family Law for Nebraska

Q: Been separated from husband several years but not legally divorced. He recently married another woman...this legal?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: You can't legally marry in Nebraska if you are already married. The second marriage would be void.

It is possible that a person is divorced and not know it. For example, if a spouse can't find the other spouse to serve them with the divorce, the Court can allow a person to serve notice of the divorce action in the newspaper, if the other criteria are met.

If your spouse is trying to marry another, it may be worth it to reach out to your spouse to ask if they believed they divorced you previously and for a copy of the divorce decree. If you are are still married and your spouse is now trying to marry someone else, it may be time to file your own divorce action.

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