What do I do if I mistakenly thought I was divorced and then remarried?

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What do I do if I mistakenly thought I was divorced and then remarried?

I first got married 4 years ago in Mexico but we wound up breaking up shortly after. He later stated that he had gotten a divorce granted. I remarried 3 months ago only to find out he lied and there was no divorce. Thereby making my current marriage void. What should I do for the current marriage? How do I fix this situation? Do I file an annulment and, if so, would I myself be in problems under the circumstances?

Asked on June 16, 2015 under Family Law, Alabama

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Okay, your first step is to start working on a divorce from husband number 1.  Since you have been separated for so long, there shouldn't be any major issues to make it a drug out divorce action.  Just consult with family law attorney and get the ball rolling.  After you get the divorce finalized, then you can re-marry husband number 2 in a simple ceremony. 

It's possible that you could be prosecuted for bigamy.... but it's not likely because you didn't intentionally commit the act.... you were simply acting on your first husband's misrepresentation.


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