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I was served divorce papers over a year ago. I moved out of state I thought I was
divorced and got married. Now I find out the divorce was never finalized. What do
Asked on December 28, 2016 under Family Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Your current "marriage" is null and void in the eyes of the law. This means that it is as though it never took place. You will have to obtain a divorce from your "first" spouse; only then will you be legally free to re-marry. If you don't want to get remarried, then you need not get a divorce from your "second" spouse, since there was no lawful union with them in the first place (although obtaining an anullment is advisable as it will clear up any legal entanglements).
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