Is my second marriage legal if the divorce from the previous one was filed after I married again?

I was married and divorced in CO and signed divorce papers in 2000. My ex
husband apparently didn’t file in a timely fashion and I did not know this. I married
my present husband on January 10,2001 in Las Vegas and my Colorado divorce
was filed in August 2001 and finalized in Feb 2002. We live in NY and have been
here for 16 years. Is our marriage legal?

Asked on May 4, 2017 under Family Law, New York

Answers:

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

Answered 3 years ago | Contributor

Actually, no, you rmarriage is not legal. You "re-married" before your divorce was final (or even filed). And a person cannot legally be married to 2 people at once. At this point, your marriage is null and void in the eyes of the law. You'll need to obtain a divorce then marry your husband. At this point, you really should consult with a divorce attorney who can best advise you further.


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