I was married in nov 2016 in Hawaii . My husband s divorce was not final yet . Was final in February 2017, is my marriage a true marriage and am I his wife since we got married ?

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I was married in nov 2016 in Hawaii . My husband s divorce was not final yet . Was final in February 2017, is my marriage a true marriage and am I his wife since we got married ?

Am I his wife even though I married
him , although his divorce was not final
till after we got married

Asked on March 21, 2017 under Family Law, New York

Answers:

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

Answered 4 years ago | Contributor

Actually, your marriage is null and void. In other words, in the eyes of the law it is as if it never took place. The fact is that your husband was not free to re-marry until his divorce from his first wife was finalized. Accordingly, you are not his legal spouse. If you want to re-marry, you can do so now.

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

Answered 4 years ago | Contributor

Actually, your marriage is null and void. In other words, in the eyes of the law it is as if it never took place. The fact is that your husband was not free to re-marry until his divorce from his first wife was finalized. Accordingly, you are not his legal spouse. If you want to re-marry, you can do so now.


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