If I’m an Aussie and married a U.S. citizen in Australia 18 years ago and she remarried in the U.S. a year later without getting a divorce, are we still legally married?

Asked on May 22, 2017 under Family Law, Alaska


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

Answered 3 years ago | Contributor

Yes, you are still legally married and will be until you get a legal divorce. One spouse re-marrying without obtaining a divorce does not simply end the first marriage. This is true no matter in what country the marriage and subsequent re-marriage take place. The fact is that your husband's second "marriage" is null and void in the eyes of the law which means that it is as if it never happened.

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