What happens if there was a 4 month overlap of the time I got married versus the time that my husband’s divorce was finalized?

I got married to my husband 14 years ago. We was made aware that our marriage is not legal because there was a 4 month overlap of his first marriage. He was legally separated in Brazil in 2000 before he left for the U.S. He was under the impression he was divorced. We have been married for 14 years now. Are we really not officially married after all this time? We married February 2003 and his papers state he was

Asked on May 20, 2017 under Family Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A legal separation is not a divorce. The fact is that you husband was still married to another woman when you and he entered into your marriage. Accordingly, since you cannot legally be married to 2 different people at the same time, your marriage is "null and void". This means that in the eyes of the law it is as if your marriage never happened. What you need to do is to get married again. However, before doing anything further, you may want to go over the details of your case directly with a local attorney who can best further advise you.

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