What to do if I married before my divorce was finalized?

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What to do if I married before my divorce was finalized?

I thought my divorce was over after my divorce hearing. A few weeks later I got married to my new husband. About a week later I received my final divorce papers in the mail. It was only then that I realized the divorce wasn’t finalized until after the date of my new marriage. Is my new marriage valid or void? Am I breaking the law?

Asked on September 22, 2011 under Family Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ouch. Well, yes, you have broken the law.  Technically you committed bigamy, as you were still married when you entered in to the new marriage.  That is also technically called bigamy.  As a result, the law in your state would consider the marriage to your second husband void, not voidable.  So no, it is NOT valid.  You need to get help here with making things right.  If you intend on staying married then you may have to seek an annulment of the second marriage and then remarry.  If you do not want to stay married then just seek the annulment.  You need to tell your present spouse about this.  Good luck to you.


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