What to do if we remarried before my “spouse’s” divorce was finalized?

My current “spouse” had been separated from his “former spouse” for 4 years before we met 2 years ago. They live in 2 separate states and he attempted to get a divorce before he and I dated but found it difficult to resolve on his own with no money for an attorney. Once we started to get serious, he hired an attorney in the state where his ex lived. He signed and paid a retainer with a guarantee that the divorce would be finalized by a certain date. We got married moths after that “promise date” and recently found out the divorce was never finalized. How do rectify this? Annul and remarry?

Asked on October 27, 2011 under Family Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes,  you probably need to annul the current marriage to your significant other and then remarry him at a later date, when his divorce to his wife takes effect. Technically, you are not married at the moment, since you cannot marry someone who is currently married (even if that person is in the last stages of divorce), but going through an annulment would likely make the whole process


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