Is my marriage still legal if my husband is still married to his first wife?

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Is my marriage still legal if my husband is still married to his first wife?

I just recently found out after 3 years of marriage my husband is still married to his first wife. I just want to find out if I’m still legally married.

Asked on October 27, 2011 under Family Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

If your husband was married when the two of you married then no, your marriage is not legal.  It is void. That having been said, you need to still file for a divorce. You must file because you need the court to officially recognize and go on record that the marriage was invalid. If you choose, you get him prosecuted for bigamy. 

There are other matters that may also have to be taken care of, depending on your circumstances; you gave little by way of specific facts. Frankly, at this point you would be well advised to seek the services of a divorce attorney in your area.


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