If you married someone who was already married but they later divorced their first spouse, is your marriage then valid?

Get Legal Help Today

 Secured with SHA-256 Encryption

If you married someone who was already married but they later divorced their first spouse, is your marriage then valid?

Asked on July 6, 2015 under Family Law, Illinois

Answers:

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

Answered 6 years ago | Contributor

When someone gets married but already has a spouse, they have committed the crime of bigamy. Although state laws vary on the subject of these marriages, they all hold that a bigamous marriage is not a valid one. This is true even if both parties entered into the marriage in good faith and believed that a previous marriage had been ended by divorce. Additionally, if the first marriage is later legally dissolved, the second marriage does not retroactively become valid.

Note: There is no need for an anullment/divorce of the second marriage, since the it was legally invalid from the start.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption