What to do if my husband just found out his divorce from his ex-wife was never finalized but we married thinking that he was divorced?

UPDATED: Jul 31, 2017

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What to do if my husband just found out his divorce from his ex-wife was never finalized but we married thinking that he was divorced?

Both my husband and his ex-wife were under the impression that their marriage in Brazil had been dissolved. However, it turns out that after we got married that this is not the case. The situation has now been rectified; they’re legally divorced in Brazil. How does this affect my marriage?

Asked on July 31, 2017 under Family Law, New Jersey


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

Answered 5 years ago | Contributor

Your marriage is "null and void"; this means that in the eyes of the law it is as if it never happened. This is true whether or not his first marriage was entered into in another country. The fact is that a person can only be married to one spouse at a time. Accordingly, now that your "husband's" marriage has been dissolved, you can now get married. If you have been together for some years, you may want to consult directly with a local attoreney who can best advise as to any possible legal complications that this situation may have caused.

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.

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