if my husband’s divorce wasn’t finalized until after we were married, what do I do?

I found out today his divorce wasn’t until the year after we were married in. I understand that we aren’t legally married. What happens next?

Asked on December 22, 2016 under Family Law, North Carolina

Answers:

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

Answered 4 years ago | Contributor

Since your "husband" was was already married at the time of your "marriage", your union is not legal. As far as the law is concerend, it is null and void. If you want to stay with together, you must get married (something that you can do now since your husband is divorced from his prior spouse). If you do not wish to remain together, there is no need to divorce since you were never legally married. However, you may want to to file for an anullment since that will clear up any legal entanglements and legally formalize your status.


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