Is my marriage vaild in NY if my husband is married in another country?

UPDATED: Sep 19, 2016

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Is my marriage vaild in NY if my husband is married in another country?

I got married about 8 years ago in NY,
I am just finding out that my husband
is still married in Peru. Would this
make my marriage illegal or fraud?

Asked on September 19, 2016 under Family Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, your marriage should be void under U.S. law (though you'll still have to do the paperwork for an annulment; you are advised to retain a family or matrimonial law attorney and let him/her help you): in the U.S., you can only be married to one person at a time, so any second "marriage" while someone is still married to his/her first spouse is not valid.

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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