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My husband and I got married about 2 years ago. He was married before and filed for divorce. He honestly thought that the divorce from his first wife was finalized. However, when he tried to add me to his VA insurance, they informed him that he was still married to the first wife. He has refiled the divorce and it is almost final. Do he and I have to
Asked on July 23, 2018 under Family Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since your husband was still legally married to his first when when you were "married", your marriage is null and void. This means that in the eyes of the law, it is as if it never took place. Accordingly, once your husband's divorce is finalized, you two will be free to legally get married. Further, since there was no lawful marriage in the first place, no divorce is required. To be certain of all of your rights/responsibilities, you should consult directly with a local divorce or family law attorney who can best advise you further.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since your husband was still legally married to his first when when you were "married", your marriage is null and void. This means that in the eyes of the law, it is as if it never took place. Accordingly, once your husband's divorce is finalized, you two will be free to legally get married. Further, since there was no lawful marriage in the first place, no divorce is required. To be certain of all of your rights/responsibilities, you should consult directly with a local divorce or family law attorney who can best advise you further.
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