If the person I married was still married at the time but in another country

UPDATED: Oct 1, 2022

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If the person I married was still married at the time but in another country

I realized 11 years after I met her that she married me to
obtain her American citizenship. Also, that she was still
legally married in another country when she married me here in
Virginia. We do have 1 child together but no property. Is our US
marriage nullified and how should I proceed?

Asked on November 15, 2017 under Family Law, Virginia


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

Answered 5 years ago | Contributor

No matter in what country a person is married, it is legally recognized in all other countries. Therefore, since your "husband" was still married to someone else at the time of your marriage, then it is not valid. In the eyes of the law it is considered to be null and void; that is has if it never happened. Accordingly, there is no need for you to divorce. However, since a child is involved, you really should file for an annullment in order to address child support/visitation issues, as well as other legal matters.

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.

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