What happens if you marry a man who was still married to someone else?

UPDATED: Sep 30, 2022

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What happens if you marry a man who was still married to someone else?

My sister in law was visiting the U.S. when she and her fiance decided to get married in Vegas. Later she found out her husband is still married to his previous wife. Does she have to file a divorce or the marriage is considered null/void?

Asked on November 21, 2016 under Family Law, Georgia


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

Answered 6 years ago | Contributor

Since your sister-in-law's "husband" was married to someone else at the time of their "marriage", he lacked the legal capacity to enter into a valid union. Therefore her "marriage" is null and void. That is, it is as if it never took place. Accordingly, there is no need for her to attempt to obtain a divorce. That having been said, she may want to consider filing for an anullment, as this will clear up any legal entaglements.

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 AttorneyPages.com 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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