Florida Woman Sues For Divorce Only To Realize She Isn’t Married

In the case of Lopes v. Lopes, Lucilia Lopes sued for divorce after what she assumed was a fifteen-year marriage to her husband. The trial judge, however, found that the marriage was void because Mrs. Lopes had a legal husband at the time of her purported marriage. The trial court annulled Mrs. Lopes’s marriage leaving her unable to retain anything when it came to equitable distribution of the marital estate and alimony.

According to Mr. Lopes, he only learned of the marriage two to three years prior to the divorce. He maintained that Mrs. Lopes’s original marriage was not properly terminated in the Dominican Republic because the parties to the divorce were not residents of the Dominican Republic at the time they divorced. The first husband was only in the Dominican Republic for less than three hours and Mrs. Lopes appeared before the court by power of attorney. The husband, therefore, argued that Mrs. Lopes was still married at the time of their marriage which would nullify the marriage under Florida law as you cannot be married to two people at the same time.

At trial, Mrs. Lopes conceded the invalidity of the Dominican divorce and instead relied on the validity of the divorce and her subsequent remarriage in Connecticut (the marriage that was annulled). She maintained that it would be inequitable to annul the marriage in which the parties obtained a marriage license, went through a marriage ceremony, and lived together as man and wife for 15 years. In other words, she asked the court to find that the marriage was a marriage by common law. The major problem here is that common-law marriages, even equitable ones, are not recognized in Florida.

Florida does not recognize common-law marriages 

Florida law does not recognize common-law marriages. Further, Florida law holds that a marriage is not valid if one of the parties had a legal spouse at the time of the marriage. If one spouse has a spouse from a previous marriage, they cannot legally enter into a new marriage in Florida. Such marriages are held to be absolutely void.

Here, the husband was able to get out of dividing the marital estate and paying alimony because the marriage he entered into with Mrs. Lopes was void based on the fact that she had a previous spouse from another marriage that was never properly terminated. The Dominican proceedings were a sham, according to the Florida court that presided over the case. Thus, the parties were never married and Florida law would not legally recognize the marriage.

Talk to an Orlando Family Law Attorney Today 

Greater Orlando Family Law represents the interests of Orlando residents who are seeking a divorce in the state of Florida. Call our Orlando family lawyers today to schedule an appointment, and we can begin advising you on pertinent matters related to your divorce such as equitable distribution of the marital estate, alimony, child custody, and child support.

Source:

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