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

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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

Answers:

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

Answered 4 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.


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