Can I remarry without filing a divorce if I was married to a bigamist?

I was married to a man for nine years when I found out that he had never
divorced his first wife. She served him with divorce papers during our marriage,
do I have to file for divorce before I can remarry? My name was changed with
social security after our wedding, and social security still thinks we are married.
What do I need to do in order to remarry?

Asked on January 14, 2019 under Family Law, Alaska

Answers:

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

Answered 2 years ago | Contributor

Since your "husband" was already married to someone else at the time of your "marriage", then your union is null and void. That means that in the eys of the law it is as though you never went through a marriage ceremony. Accordingly, you can't divorce since there is no marriage to dissolve. That having been said, in order to clarify things legally, you may want to file for an annullment before you marry your current fiance.

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

Answered 2 years ago | Contributor

Since your "husband" was already married to someone else at the time of your "marriage", then your union is null and void. That means that in the eys of the law it is as though you never went through a marriage ceremony. Accordingly, you can't divorce since there is no marriage to dissolve. That having been said, in order to clarify things legally, you may want to file for an annullment before you marry your current fiance.


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