What to do if my marriage is not valid?

My ex and I got married in a courthouse about 8 1/2 years ago. However, he never told me that he was still married to his first wife. They were in the process of divorcing but it was never finalized. Now we have a child together.

Asked on October 24, 2017 under Family Law, Alabama


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

Answered 3 years ago | Contributor

Since your marriage is not valid, you need not file for a divorce. You are free to marry now because in the eyes of the law you have never been married. That having been said, you may want to file for an annulment to clear up any outstanding legal issues, especially since a chils is involved. At the very least, you need to file for child support, etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.