Captiva, FL Divorce Law Firms & Lawyers

You may be correct that your husband never divorced you.  In that case, he is not legally married now.  If he is not forthcoming in sending you a copy of the divorce decree, or at least telling you where the divorce was entered (ie: the state and county-in which case you can get a copy of the divorce from the clerk's office), then perhaps your instinct is correct. If you are not divorced, then you could file for divorce yourself.  I am sure his new wife will be surprised when he gets the divorce papers as at that point she may realize that she is not legally married to him.     

Generally, no. The bigger question is though, why you would want to stay with someone that wants to throw you out, especially if you're unemployed. Staying together with a partner in the same residence when that partner wants you out can often become a recipe for bad things - - false allegations of domestic violence against you, actual domestic violence by her against you, the hiding or liquidation of assets, alienation of children (if any). You don't indicate whether you want to stay in your marriage, or go to counseling to try to work things out, or whether you're done, but either way, you should consult with an attorney to educate yourself about your rights and obligations, and to discuss the specifics of your situation and your options.