Are we married

UPDATED: Sep 30, 2022

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Are we married

May wife’s ex told her that their
divorce was final in match so we went
to vegas and got married on March 28
and she has already changed her name
and gotten a new I’d. Now her ex says
he received the paperwork saying the
divorce was finalized and dated April
12. What do we do?

Asked on April 15, 2016 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The short answer is, you'll have to get married--your first "marriage" is not valid, because in the United States, a person cannot be married to person B while still married to person A (even if in the process of a divorce). Your first "marriage" to this women doesn't count legally, so you have to get married once she is divorced. There may be other paperwork, etc. to fix, but the key thing, to be married, you have to marry when she is not presently married.

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 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.

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