Is a marriage legal if your husband’s divorce to his first wife wasn’t finalized until 2 weeks after your marriage to him?

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Is a marriage legal if your husband’s divorce to his first wife wasn’t finalized until 2 weeks after your marriage to him?

Asked on December 10, 2012 under Family Law, Texas

Answers:

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

Answered 11 years ago | Contributor

No, your marriage is not legal if your husband's divorce to his first wife wasn't finalized until 2 weeks after your "marriage". The fact is that you cannot enter in to a contract for marriage unless a first marriage has been legally dissolved. If you do, the second marriage is void under the law, not voidable.

Bottom line, based on the limited facts presented, it would appear that you are not legally married to your present husband. To be sure, you should bring any and all documentation that you have (including a copy of the papework from the dissolution of the first marriage) to a divorce ttorney in your area for review. They can best advise as to your current marital status.


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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