Is our marriage legally valid? If we are going our separate ways, do we need a divorce?

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Is our marriage legally valid? If we are going our separate ways, do we need a divorce?

I recently found out that my husband never finalized the divorce from his first
wife in Missouri something about she didn’t sign everywhere she was supposed
to or something to that effect. We were married in TX June of 2014. Is our
marriage legally valid?

We are now separated due to infidelity on his part I want a divorce, but if my
marriage to him wasn’t legally valid to begin with, do we need to divorce?

Asked on June 2, 2017 under Family Law, Colorado

Answers:

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

Answered 3 years ago | Contributor

If your husband was still legally married to someone else at the time of your wedding, then your marriage is null and void. in other words, in the eyes of the law it is as though it never happened. Accordingly, even if you wanted a divorce you couldn't get one since there is no marriage to end. That having been said, you may want to file for an annulment so as to clear up any legal uncertanties. At this point, you should consult directly with a divorce attorney; they can best advise you further.


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