If I got married before my divorce was actually final, what doI need to do ifI want to get out of my second “marriage”?

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If I got married before my divorce was actually final, what doI need to do ifI want to get out of my second “marriage”?

Got married to someone that is incarcerated before my divorce was actually final. Now I want a divorce but don’t know if I was actually married to begin with.

Asked on January 6, 2012 under Family Law, New York

Answers:

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

Answered 9 years ago | Contributor

The general rule regarding this issue would result in letting you know that you are not legally married to your second husband at this point in time.  You can not "contract" to be married if you were married to some one else to begin with. The marriage is considered void.  I would, however, contact an attorney to see what is necesary in your state to make sure that you are considered to be "divorced" from your second husband as well.  And make sure that your state does not recognize common law marriages as well.  This is important for inheritance reasosna dn other reasons as well.  Good luck.   


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