If my husband was never divorced from first his wife, do I have to get an annulment or is it automatically voided?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband was never divorced from first his wife, do I have to get an annulment or is it automatically voided?

I already know that my marriage isn’t considered legal because my husband was never divorced from first wife.  I am trying to apply for financial aid for school and don’t know if I should claim married or single.

Asked on August 10, 2010 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Not only is the marriage illegal, but under California Family Code section 2201 it is "void from the beginning."  Not "voidable" but "void."  These are very different distinctions under the law. But there are also conditions where a bigamous marriage may not be what it looks like, such as when the former spouse of your husband was missing for 5 years or more, etc.  And even though it is void you may want to bring a nullity proceeding which is a judicial determination that the marriage is void.  This will help wipe it from the books, so to speak.  If the exceptions to a void marriage do not exist then it was illegal from the beginning and thus never existed.  So check "single" but start the proceeding to be certain that you are viewed that way by everyone else.  Good luck.  


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