Is the second marriage considers valid?
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Is the second marriage considers valid?
My nephew married two women both wives
have children with him is the second
marriage valid considering he still
married to his first do the second wife
and their children can legally use his
surname? Thanks
Asked on May 6, 2017 under Family Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A person can legally only be married to 1 person at a time. Therefore, if your nephew entered into a second "marriage", it was null and void since he was already married to someone else. This means that in the eyes of the law, the second marriage is as though it never took place. This is true whether or not his second "wife" had children by him and uses his last name. At this point, if he wants to stay with his current "wife" as a married couple, he will need to divorce his legal "first" wife and then re-marry his second "wife". If he does not want to be married to this second woman, there is nothing that he has to do since no valid marriage with her was ever formed. That having been said, he may want to file for an annulment since it will clear uo any legal uncertanties.
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