Really need help with my marriage involving my wife.

UPDATED: Oct 1, 2022

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Really need help with my marriage involving my wife.

I am an American citizen who got married last year to my girlfriend who is an immigrant from Colombia. I have recently become very confused and concerned regarding things that I’ve found out about her dealing with her past. She told me that she had never been married before to anyone, not even to the father of her youngest daughter who she said she was with for 13 years when she lived in Colombia. I just found out, and also have seen proof from photos, that she did get married to her daughter’s father about 5 years ago. The photos clearly show she and him at their wedding ceremony and the church that it was held at. I’m just trying to figure out if the marriage in Colombia was a legalized documented thing and what does that mean exactly concerning the marriage we have with one another? Can you give any info or advice on what I should do?

Asked on February 17, 2018 under Family Law, Florida


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

Answered 4 years ago | Contributor

If the marriage was legal in Columbia it is recognized as legal here in the Untied States.  That means then that she did not have "the capacity to contract" and get married to you until she was divorced from the first husband.   She needs to produce divorce documents.  If she does not, then your marriage is void and you need a declaration from the court as to same.  Seek help. 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 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.

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