If I married a man, then later found out he was still married, is my marriage valid, and how can I end it?

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If I married a man, then later found out he was still married, is my marriage valid, and how can I end it?

I married a man, then later found out he was still married to his former wife. He filed for divorce from her after we were married. Now we are separated, and I want this over. Do I have to get a divorce from him?

Asked on March 2, 2019 under Family Law, North Carolina

Answers:

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

Answered 5 years ago | Contributor

If your "husband" was still legally married to someone else at the time that you wed, then your "marriage" is null and void in the eyes of the law. In other words, it is as if it never happened. Accordingly, you are legally "single". That having been said, while a divorce is not necessary, you may want to file for an annulment to just to clear up any confusion. 


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