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

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

Hello
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

Answers:

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

Answered 4 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.


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