Is our marriage legal if we married beforemy husband’sdivorce was finalized?

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Is our marriage legal if we married beforemy husband’sdivorce was finalized?

My husband and I were married 2 months before his divorce was actually signed by the judge. Is our marriage legal? Can I request an annulment? We were married 2 months only when I left him. He is alcoholic (was arrested for DU;, attended AA meetings in the past) and he was abusing me so much every day. I did fear about my safety. I am in Europe right now. Any advice what to do? How to get out of this marriage if I’m overseas?

Asked on June 20, 2011 under Family Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, your marriage is not legal. In the United States, you may only be married to one person at a time. Any subsequent marriages are simply null and void--they are void from the very beginning, since it is legally impossible to have more than one spouse simultaneously. While you should retain a family or divorce law attorney to help you, since there will be some paperwork, etc. to take care of, if you can prove that he was married at the time you and he "married," you will be able to void your marriage. (Note: in addition to the legal impossibility of being married to two people at once, he would also have committed a fundamanetal fraud--the kind that allows annulment--if he did not disclose to you that his divorce was not final.)


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