Need a divorce??

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Need a divorce??

I learned my husband is not divorced from his first wife. What can I do to be legally free and clear of him. I live in Phila. Pa. Can I legally make him pay for any legal fees if I need a divorce?

Asked on June 7, 2009 under Family Law, Pennsylvania

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a Pennsylvania attorney, but I'm pretty sure you'll be able to get an annulment.  If he hasn't divorced his first wife, he's not your husband;  the marriage you had is void, and (assuming you can prove the prior marriage) it shouldn't be hard to get a court to agree.

Whether or not you can get legal fees will depend on some other facts that you haven't included, as well as Pennyslvania law.  But ordinarily, annulment, in the relatively rare situations such as this where it's appropriate, is much less expensive than divorce, because there's only a single, fairly simple questin to be answered.  One place to find a qualified lawyer, who can get you free, is our website, http://attorneypages.com


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