Is my husband a bigamist if his first wife was a bigamist and he never got that “marriage” legally dissolved?

UPDATED: Jan 12, 2012

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Is my husband a bigamist if his first wife was a bigamist and he never got that “marriage” legally dissolved?

My husband was married to a bigamist. He was the second one to marry her. A few years later he left her. We met and got married. I was told his first marriage was not legal and he didn’t have to do anything about his first marriage, my husband never filed for an annulment or divorce. Now I am questioning all of this. Is my marriage legal or not? And is my husband now considered a bigamist?

Asked on January 12, 2012 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is certainly a strange problem.  Now, if I understand things correctly, your husband's first marriage was void, meaning that is was not valid fro the start.  So no, he was not legally married when he married you so he is not a bigamist and yes, your marriage is legal.  But it always advisable to have a court issue an order regarding a void marriage just so that certain other issues are not caught up in the confusion, like inheritance.  So I would have him do something about it now. Better late than never.  Good luck.

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