If I was married at the time of my second marriage, can I file for an annulment?

UPDATED: Sep 30, 2022

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If I was married at the time of my second marriage, can I file for an annulment?

I was previously married to my first wife and was under the belief that the divorce was finalized and then got remarried. I was charged with 1 count of bigamy to which I pleaded no contest and nothing was ever said about the second marriage. Can I file to have it annulled or do I need to file an actual divorce? I have heard that I can do either at this point so I guess I need

advice on what the best course would be. their are children involved and no property although agreements are in place for the children.

Asked on March 23, 2016 under Family Law, Nebraska


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

Answered 6 years ago | Contributor

Since there was no marriage ever formed, you should file for an anullment. Although, technically you are not now married it would be better for legal and other purposes to have a court declare that no marriage was ever formed. At this point,you can consult further with a local divorce attorney (they also handle annulments).

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