If my husband and I were married 46 years ago but his divorce wasn’t finalized until 5 months later, is our marriage valid?

Asked on October 9, 2015 under Family Law, Michigan

Answers:

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

Answered 5 years ago | Contributor

If your "spouse" was married at the time that you wed, then your "marriage" is not legal. Under the law it is null and void.
That having been said, you may be considered to have a common law marriage. Although MI has not allowed such marriages in 58 years, such a marriage can hold validity because it is recognized by another state. So, for example, if you and your husband lived in another state before moving to MI and you could be considered to have had a common law marriage there, then MI will recognize it.  
At this point, you really should consult directly with an attorney in your area. They can best advise you as to your rights/remedies under specific state law.


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