Daughter married to a man who is already married in Michigan.

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Daughter married to a man who is already married in Michigan.

Daughter now separated. But found out her husband has been legally married to his second wife during their marriage of 8 years. Which they have a son who is 7 y/o together. She kept asking him if they were still married and he said no. For the marriage license it ask if you have ever been married and he marked ‘NO’ when infact this was his 3rd marriage. What can she do legally?

Asked on June 14, 2019 under Family Law, Ohio

Answers:

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

Answered 4 years ago | Contributor

Since your daughter's "husband" was already married at the time of their wedding, then their "marriage" is null and void. In other words, in the eyes of the law it is as if it never happened so there isn't anything that your daughter as to do legally to end the marriage. That having been said, to clear up any legal uncertainties and/or possible complications, she should file for an annulment. As for the children, married or not she is entitled to child support.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

She bring an annulment action to have the marriage annulled, if she wants. Annulment is when a marriage was not valid from the very beginning, such as in a case of bigamy, which this was: you cannot legally marry person 2 while still married to person 1. It will then be like the marriage never happened. And since child support is not dependent on marital status, she cal also seek child support.


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