Am I legally married to my second husbandif my first husband wasmistaklenly declared dead?

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Am I legally married to my second husbandif my first husband wasmistaklenly declared dead?

My husband was presumed to have been killed in an auto accident; I have a death certificate for him. Later I married another man but have recently discovered that my first husband was still alive. It turns out he was deported back to his native Cuba by accident.  I was wondering if my current marriage is void. 

Asked on March 30, 2011 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you husband was declared legally dead - not just assumed dead and you actually have a death certificate - then your marriage to your second husband should in fact be valid.  The only issue that may arise is if there was property that could have been divided between you had you been divorced rather than him declared dead.  If there was then he could possibly go to court and try and deal with that issue.  That would, though, involve coming back here from Cuba, which may be an unlikely event, or obtain legal counsel to do so on his behalf. Then there will be issues to deal with but until then, you are fine.  Good luck. 


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