my soon to be ex husband was never divorced from his first wife, so what do I do to legally be free from him

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my soon to be ex husband was never divorced from his first wife, so what do I do to legally be free from him

I have my suspicions that my soon to be ex-husband was never divorced from his first wife.

We are going through a divorce right now but if he was never divorced from her does that

mean we don’t have to get divorced? I’m so confused on how to find out if he was divorced

and where that leaves me on the legal part of our divorce. He is asking for half of my

retirement, etc.

Asked on August 10, 2016 under Family Law, California

Answers:

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

Answered 4 years ago | Contributor

If you in fact can determine that your husband never divorced his first wife, then there is no need for you to get divorced from him now. The fact is that your "marriage" is null and void. That having been said, you should consider getting an annullment as this will clarify any legal issues relating to the "marriage".


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