1. You have mentioned that your husband was divorced from his first wife as he did not turn up to contest the divorce case filed by him. Once a court of law has passed a judgment granting divorce to a person he/she does not require any validation from the church or any other religious institution.

2. Was a copy of your marriage certificate sent by the minister to the registrar for registration? A church marriage certificate has no legal validity if it has not been registered. You can file or divorce any time on the ground of mental and physical harassment meted out to you if a valid marriage has been solemnised. A christian marriage is to be mandatorily registered in accordance with the law. If the marriage certificate was not sent to the registrar then it may be sent now subject to the law, else it will be futile for you to go to court for divorce.

it appears that your husband first wife filed for divorce and your husband never contested the proceedings . if your husband di not attend divorce would have been granted by court exparte . once divorce has been granted his subsequent marriage to you was valid .

among Christians marriage is a covenant.In marriage, the covenant is between a man and a woman. The spouses establish this covenant through their marital consent, by which they intend to establish between themselves a partnership for the whole of life. This means each spouse will assist and support the other in all areas of their common life, the best he or she is able, so long as the other spouse is alive.

A Catholic annulment, also known as a declaration of nullity or invalidity, is a statement of fact by the Catholic Church. After carefully examining the couple's broken relationship, the Church states that a valid marriage, as the Church defines marriage, never existed.

if no annulment has taken place you cannot remarry in church . if your marriage has taken place in church without annulment in eyes of church your husband is still married to his first wife .

in your case it appears before your marriage in church your husband had sent letter from his church to your church . what were the contents of letter . it is better to contact a local lawyer before proceeding further for divorce

In either situation you and your children have full right.But thinking to enter in legal battle try to resolve the issue by putting little pressure on him starting from domestic violence threat case.With three kids I don't suggest to go for divorce like issues as it effects the personality of children.

there is a difference between divorce granted by family court and annulment granted by church . once divorce is granted by family court your husband was free to remarry .

for remarriage in church you need annulment from church .then only church permits remarriage .

in your case husband was free to marry you in church if annulment had gone through . in the alternative you could have got married under special marriage act . it appears in your case church marriage has taken place on basis of letter sent by your husband from his church to your church . as on date no such complaints have been received by church regarding forgery of letter .

once divorce is granted by court first wife dosent have any rights as wife on ex husband property . however as far as son is concerned he has rights on father property if father dies intestate .

your husband can make a will bequeathing property to you and your children if he so desires .

rather than going in for divorce file complaint under Dv act . your husband cannot deny your marriage in church . he wont admit that he forged certificate for church marriage . under Dv act you are entitled to maintenance , right to stay in shared household or alternative accommodation .

if your husband is agreeable go in for divorce by mutual consent .

thanks for your appreciation