How to change back to my Maiden name and how to marry in the future if my first marriage was null and void because he was already married.

UPDATED: Sep 30, 2022

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How to change back to my Maiden name and how to marry in the future if my first marriage was null and void because he was already married.

I live in GA and I married someone in
2008 and he was apparently married, un
be known to me. I found this out in
2011 when divorce papers were served to
the house. He married her in 1990
something. So after getting legal
counsel I was advised that I was never
married because my marriage was
considered null and void and I am free
to marry someone else as if I was never
married, two different lawyers told me
the same thing. One lawyer printed me a
copy of his divorse papers he signed
from his first wife to keep for my
records. My question is how do I get my
last name changed back to my Maiden
name and how do I legally proof my
marriage was null and void so If I
decide to marry in the future? Do I
show my marriage certificate and his
divorce papers, and to whom would I
show it to? Do I just fill out the form
as if I have never been married? Thank
you for your advise in advance.

Asked on January 10, 2017 under Family Law, Georgia


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

Answered 6 years ago | Contributor

Since you were never legally married, obtaining a divorce is not an appropriate remedey in this case. What you should do is to file for an annullment. This will clear up any outstanding legal formalities that you may have. 

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 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.

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