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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 5 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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption