My Husband is married to his Ex

UPDATED: Oct 1, 2022

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My Husband is married to his Ex

I just found out my husband and father of my 5 month old son is still legally married. She contacted me a couple months ago and said they were still married but refused to talk to me about it on the phone this was sent through text. He was married and ex still lives in MD. We live in NC. And were married in FL. He said they were divorced about a year ago; we wed a month later. I contacted the ex-lawyer from looking through case search and found she had filed this month for absolute divorce when I contacted her lawyer, she told me that they were not legally divorced but since they have been separated for a year it should be soon that they will be divorced. So obviously my marriage is null and void right? Do I need an annulment? If we stay together and get remarried in NC what about the marriage in FL? I already changed my name to his last name so I need to change it back? If so how? Would I need an annulment first? I’m so confused and hurt. He says that he didn’t know but I’m not sure if it’s true or not. I just want to move on with this one way or another.

Asked on January 25, 2018 under Family Law, North Carolina


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

Answered 4 years ago | Contributor

I am so sorry aout this.  It can be overwhelming so please take a deep breath and try and take a step back.  You are hurt and angry about it all and it is normal to question his knowledge.  But maybe you need to question his motives, which was obviously love. He should have been more diligent about finding out if the papers were finalized.  And yes, your marriage is void, becuase he did not have the ability to contract with someone else.  But once his marriage is finalized you can indeed remarry him.  Or if you choose not to, then you should have the marriage declared null and void.  But you need to seek legal help where you are.  If there is a house involved there are legalities now involving that and other assets.  A Will would take care of that.  Get help.  Good luck.

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