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 8 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.


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