Can i remarry without annulment documents?

Im married. Separated from my
husband for about 7 years. No
communication. No children. No
conjugal properties

Asked on July 5, 2016 under Family Law, Alaska


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

Answered 4 years ago | Contributor

You cannot remarry without first obtaining a legal divorce/annullment. This is true reagrdless of how long you have been separated. If you marry without being legally free to do so, then you will be committing the crime of bigamy. Additionally, your new "marriage" will be null and void. In other words, it will be as though it never happened. Accordingly, you will not eligible for any spousal benefits (for example, under his employer's insurance program, as his legal heir, etc.).

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