What can I do if I was not lot legally divorced when I remarried?

My, what I thought was my ex-husband, sent me all the papers a few years ago, told me everything was filed, he went to court he lives in a different state, and that our divorce was granted. I wasn’t given a divorce decree. Since I was young and only 19 I believed him. I met a new guy, everything was amazing and we got married. Since there was no issue when we got married I believed that the divorce was still fine. My ex has recently contacted me saying he never filed the papers and we aren’t actually divorced. I am now technically married to 2 people. What do I do? I do not want to be married to my ex. My current husband and I have kids together. How do I go about staying married to him and finally divorcing my ex?

Asked on March 26, 2017 under Family Law, South Carolina

Answers:

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

Answered 3 years ago | Contributor

First of all, whether you want it or not, you are still married to your "first" husband. Accordingly, since you were legally his wife when you "remarried", your "second marriage" is null and void in the eyes of the law. At this point, you will need to file for divorce from husband #1 and then remarry husband #2. You should at this point consult directly with an divorce attorney in your area as they will be able to best advise you further.


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