If my fiance’s ex-wife was not divorced from her previous husband when they got married, will he have to do anything before we marry since his first marriage was invalid?

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If my fiance’s ex-wife was not divorced from her previous husband when they got married, will he have to do anything before we marry since his first marriage was invalid?

Asked on November 7, 2012 under Family Law, Arkansas

Answers:

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

Answered 8 years ago | Contributor

Although the marriage was invalid since his wife was not able to enter in to a valid marriage at the time, it is always good to go the extra step and have the court declare the first marriage void to protect him - and you - down the road from any claims that she may make as to her "rights" as his spouse.  Good luck.


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