Marriage valid

UPDATED: Oct 2, 2022

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Marriage valid

My husband got married when he was young to a women in another state. He was told the marriage was annulled.We got married in the state we live in now. She contacted him and said she never annulled the marriage . Am I legally married to him? She has had divorce papers drawn up to send to him. What are my options?

Asked on October 20, 2019 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you are not legally married to him: in the U.S., you simply can't be married to two people simultaneously, so if someone is married to person A, they can't marry B until and unless the marriage to A is annulled or ended by divorce. The second "marriage" is void. You cannot marry him legally until the first marriage is dissolved; then you will need to remarry; and you will probably also need to do some other paperwork to straighten out the confusion caused by having in invalid marriage registered or filed. You are strongly advised to consult with a famly law attorney about the situation, who can also:
1) Help expedite the divorce from the other woman;
2) Prepare documents like a simple will, a power of attorney, and health care proxy (a/k/a "living will") that will give each of you some of the benefits and authority and rights that otherwise come from being married legally.

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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