DoI need an annulment, divorce, or canI remarry without either if my wife was already married on our wedding day?

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DoI need an annulment, divorce, or canI remarry without either if my wife was already married on our wedding day?

I need to find out if I am able to get married. I was married 7 years ago. The woman I married later informed me that she was already married when we got married so our marriage was null and void. She then married another individual in another state. She also told me that I was also able to remarry as she did. I am hoping this is the case and I do not need to have an annulment or divorce but I would like to know either way so I can marry my fiance.

Asked on October 11, 2011 under Family Law, Nebraska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation here.  Your ex-"wife" as really that is what I have to call her, was correct.  Your marriage was considered "void" under the law in the state of Nebraska.  Not voidable, but void.  And while I think that when all the dust clears that any new marriage entered in to will be valid, I fear that if you have nothing legal that states that the marriage was "void ab initio" - from the beginning - that there will be an issue to obtain a marriage license, etc.  You do not need this coming back to haunt you later on.  Please do it right from the beginning.  Good luck.


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