Marriage before filing for divorce, could the second marriage become legal after divorce?

UPDATED: Oct 1, 2022

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Marriage before filing for divorce, could the second marriage become legal after divorce?

Man marries woman in Virginia, man marries another woman in Tennessee both
reside in Virginia. Second woman finds out about the other marriage, has the man
file for divorce from first wife. Is the second marriage valid if the divorce
goes through, even though it was filed after bigamy occurred?

Which laws are followed?? Virginia or Tennessee? Both claim that the second
marriage is invalid, but not to the clarity of a divorce durring the bigamist

Asked on July 24, 2018 under Family Law, Virginia


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

Answered 4 years ago | Contributor

No it cannot. The subsequent dissolution of a first marriage cannot validate an invalid a prior second marriage. The fact is that in the eyes of the law your re-marriage was null and void, which means that it is as if it never took place. At this point, you will need to marry your "husband" again. Until you do so, you are both legally single.

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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