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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 1 year 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 1 year 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption