My wife was not divorced when we got married. Do I need to file any papers to consider myself single?

We were married in February 2008…I want to get divorced now
but I found out that she was not divorced from her previous
husband until May 2009.

Asked on January 12, 2018 under Family Law, Oregon

Answers:

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

Answered 3 years ago | Contributor

Since your wife was legally married to someone else at the time of your "marriage", then you were never husband and wife in the eyes of the law. In other words, your union is null and void. Accordingly, there since there is no valid marriage, there is no need to get a divorce. That having been said, since there may be legal formalties to clear up, you can and should file for an annullment.


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