If my hubby married me before his first divorce was final, do I need to legally divorce him?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my hubby married me before his first divorce was final, do I need to legally divorce him?

Do I need to go through with a divorce? The marriage certificate was never turned into the court house. Is our marriage void. What do I do if I even decided to stay?

Asked on July 27, 2011 Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband was not divorced from his first wife when he married you, then your marriage to you is not valid, it is void. All states in this country outlaw bigamy and polygamy.

Potentially your husband may be subject to criminal prosecution for being married to two women at the same time depending upon the statuts of the state you were married in and perhaps live in.

If you want your marriage declared invalid, you need to file a petition in your county court house stating as the basis that your husband was married when you married him.

If you want to remain with him and be married, he needs to get a divorce from his first wife and then you marry him a second time, only this time, make sure you have a copy of the divorce decree from his first wife.

 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption