Do I need to get divorced if I married an illegal alien who was already married in his own country?

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Do I need to get divorced if I married an illegal alien who was already married in his own country?

About 14 years ago, I married my Mexican husband who was here illegally. A justice of the peace married us. After we married I found out that he was already legally married in Mexico. It was a brief marriage but he never filed for divorce. We stayed married for many years even after I found out. Now we have separated permanently. Do I have to get a divorce still?

Asked on August 2, 2016 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

Foreign marriages are recognized in the U.S. Therefore, in the eyes of our law, your husband was already a married man at the time of your wedding. Accordingly, your "marriage" is null and void. In other words, it is as though it never took place. therefore, there is no need for a divorce. That having been said, you should at least get an annullment as this will clarify any legal issues relating to the "marriage".


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