Is my marriage legal?

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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 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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