What to do if a husband remarries before divorce was final?

My husband and I found out 2 weeks ago that his divorce from his first wife was not finalized. He is filing the forms to finalize it but what does that mean about our marriage? Do we have to get remarried? Do I need to contact the county clerk and let them know what’s going on? Is he going to get into legal trouble?

Asked on August 20, 2012 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If he was not divorced at the time of your marriage then your marriage is void.  You are not legally married and yes, you need to get re married.  The procedural aspects as to what you need to do are best addressed to an attorney in your area. Good luck.


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