Do I really need an annulment?

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Do I really need an annulment?

I got married to my ‘husband’ on April 2016. I knew he had a previous marriage but we both were under the impression that he was divorced. It turns out that he’s legally separated but not divorced and I have been told that our marriage is void. If it’s legally void do I need an annulment or can we just remarry once he’s officially divorced?

Asked on February 28, 2018 under Family Law, California

Answers:

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

Answered 3 years ago | Contributor

No, if your "marriage" is legally void, you do not have to file for an annulment. However, an annulment will clear up any legal issues that may have arisen or will rise due to the "marriage".


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