If my husband is still legally married to someone else, after the divorce is finalized do we have to remarry?

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If my husband is still legally married to someone else, after the divorce is finalized do we have to remarry?

He was 18 and she was 16. They needed parental consent and he thought the parents had it annulled after they split.

Asked on October 22, 2011 under Family Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If his prior marriage is still a marriage (technically and legally still married), this man is not your husband legally and yes, you must now actually and legally get married because your prior ceremony is not legally recognizable in law. I am surprised, however, that the clerk of the town did not catch this in the system when they had you and he present your identification. This should have shown up somehow in the public records but regardless, you may need to get ready for a wedding! You may also wish to get all of your assets in order and make sure they are updated with your current wedding date and make sure you get all titles the same way (home, cars) in case anything needs to be updated for coverage purposes. Also check to see if in your state if both of you thought he was legally divorced, and depending on how long you have been married, if you need to simply file something with the court/clerk to affirm the first wedding ceremony as the actual date or if the law does not apply in this set of circumstances.


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