Is my marriage legal if I my first husband was still alive when I remarried?

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Is my marriage legal if I my first husband was still alive when I remarried?

I was married to a drug addict and he left me. Nobody knew where he was. I got a call months later that he had overdosed. I remarried a few months later. I was depressed and didn’t want to be alone. We later separated. Then about 6 months after that, I got a call from my first husband and he said that he fled because people were after him and he didn’t want anyone to find him. Now, 10 years later, both marriages are still there; I just want them officially over. I am still in contact with my current husband and we are hoping that our marriage can just be nullified since I was already married.

Asked on January 16, 2019 under Family Law, California

Answers:

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

Answered 2 years ago | Contributor

If you remarried while your first husband was still alive, then your "secomd marriage" is null and voi. This means that in the eyes of the law it is as though it never happened. Accordingly, no divorce is necesary since there is nothing to dissolve, although for any potential legal complications that may arise, you should consider filing for an annullment. As to your first (and only) marriage, you can now file for divorce to end it.

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

Answered 2 years ago | Contributor

If you remarried while your first husband was still alive, then your "secomd marriage" is null and voi. This means that in the eyes of the law it is as though it never happened. Accordingly, no divorce is necesary since there is nothing to dissolve, although for any potential legal complications that may arise, you should consider filing for an annullment. As to your first (and only) marriage, you can now file for divorce to end it.


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