If I’m married to 2 people, what are my options?

I got married like 5 years ago and I was under the assumption I wasn’t married anymore, so I got married again. Then I found out I’m still inmarried to my first spouse.

Asked on March 30, 2016 under Family Law, New York


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

Answered 4 years ago | Contributor

You can only be legally married to 1 person at a time. The fact is that your second "mariage" was never validly formed, therefore it is void. If you want to be married to your "current spouse" you will need to divorce your "first spouse" and re-marry the "second spouse". If you do not want to be re-married", even though no legal union was formed you should still obtain an anullment. It will clarify your legal status.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You're not married to two people--you're only married to the first one. The second marriage is not valid, because you legally may not marry a second person while still married to someone else. You can divorce your first spouse then marry the second person, if that's what you want to do; that is the only way to be married to the new person.

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