My wife and I were married 5 years ago. I discovered I had never divorced with previous wife. So my current marriage is not legal, does my current wife have to file for annulment?

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My wife and I were married 5 years ago. I discovered I had never divorced with previous wife. So my current marriage is not legal, does my current wife have to file for annulment?

My current wife and I were married 5 years ago. I recently discovered my previous wife I hadn’t seen in 25 years was never divorced. So my current marriage isn’t legal. Does my current wife need to file for annulment?

Asked on October 8, 2018 under Family Law, New Jersey

Answers:

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

Answered 2 years ago | Contributor

If you are not staying together and don't want to remarry now, then your second "wife" should file for an anulment. While not required under the law, it will clear up any potential legal problems.


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