Is the second marriage considers valid?

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.

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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