If I was married to my current husband 6 months ago, do we have to remarry if the judgment wasn’t entered regarding his divorce first?

We found out 5 months ago that the judgment had never been entered and he is not officially divorced even though the paperwork was filed 11 years ago. The final paperwork has now been finalized and we should get the final judgment any day.

Asked on November 30, 2015 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you would have to remarry, since in the U.S., no person can be married to more than one person at a time, and the earlier marriage "wins"--so if he was still legally married at the time you and he wed, you did not actually marry.

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