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


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

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.