If my husband was never divorced from first his wife, do I have to get an annulment or is it automatically voided?
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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 13 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.
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