Monday, February 23, 2015

I was supposeably divorced on April 2, 2009, but I filed an appeal that month of 2009 and in Sept 2009 my ex husband remarried, but I had no...

Question

I was supposeably divorced on April 2, 2009, but I filed an appeal that month of 2009 and in Sept 2009 my ex husband remarried, but I had not released the appeal in Sept 2009 at that time. I released the appeal at the end of Jan 2010. Isn't it correct that my ex husband was never legally married to his third wife if I did not release the appeal until January 2010 and he married Sept 2009 in Georgia.



Answer

No, it is not correct. Assuming an order and final decree was issued ("supposedly divorced" obviously tells us nothing about what was entered), do you have an order from the appeals Court or any other Court saying that it was void? Final orders don't just go away when an appeal is filed and from your post (again assuming - since there is no "release" of an appeal) the appeal did not lead to overturning the order.



Answer

No, you're completely incorrect. An appeal MAY stay a judgment, but when you dismissed it the original judgment was final, as of its signature date.

By the way, you don't release appeals. You dismiss them.



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