Is my marriage legal?

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Is my marriage legal?

My husband married when he was 18. They split up a couple of years later. He married a second lady without divorcing the 1st wife. They split up and she told him their marriage wasn’t legal because he was still married to the first wife. A couple of years later the 1st wife died. We were married 2 years ago. I went to the social security office for my daughter and when they were asking for information they aske when did he divorce his 2nd wife. Now I want to know am I legally his wife or is his second wife legally his wife since they never divorced.

Asked on May 23, 2018 under Family Law, Arkansas

Answers:

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

Answered 3 years ago | Contributor

Since your husband was not legally married to his "second" wife sdue tot he fact that he married her while still legally married to his first wife, then that second "marriage" was null and void (i.e. as it if never happened). Therefore, so long as you two married after his first and legal wife died, then your marriage is legal. However, to lear up any legal complications created but the second "marriage", he shoud consult directly with a divorce or famil law attorney. They can best advise further.


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