am i married?

If married in the state of California and married again
in the state of California before divorce from the
first marriage, is the second marriage valid?

Asked on May 3, 2016 under Family Law, California


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

Answered 4 years ago | Contributor

Until a decree of divorce has been issued, a divorce is not final. Accordingly, neither of the parties is free to re-marry. If they do, then the "second marriage" is null and void. This means that it will as though it never took place. Assuming the final decree as now been granted, you can re-marry your "second husband". That marriage will be legal. If you do not want to re-marry, you should at least get an annullment. This will clarify legal issues relating to the "second marriage".

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