Can we get married if my gf still using the last name of her former husand?

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Can we get married if my gf still using the last name of her former husand?

My gf first married didnt last long and filed the annulment,while the annulment was
on process she got married with her second husband,now the relationship didnt last
either and they got separated.the annulment from the first married already
granted.is this mean that the second married is null and void?all her documents
,and identification thats shes been using carries the last name of her second
husband,is it possible for us to get married here in Ca,?is there anything that we
need to do first before we file a license to get married?Pls tell me what do.Thank
You,

Asked on May 22, 2018 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

If your wife re-married before her annulment for her first marriage was finalized, then she was still legally married to her first husband. Accordingly, her second "marriage" was null and void. In other words, in the eyes of the law it is as though it never existed. And since the annulment was granted for her first marriage, then she is legally able to now marry you. That having been said, she should also probably get another annullment for the "second" marriage just to clear up any legal confusion, etc. 


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