If a person unknowingly married a person prior that person’s divorce being finalized, what does the person need to do to void it

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If a person unknowingly married a person prior that person’s divorce being finalized, what does the person need to do to void it

What does a person need to do to void a marriage to a person whose divorce wasn’t finalized in another state? The recent marriage was in one state and the person’s unfinalized divorce was in another. What legal papers need to be filed to make sure this doesn’t come back on a person later on?

Asked on August 18, 2012 under Family Law, Louisiana

Answers:

Craig Smith / Smith & John

Answered 8 years ago | Contributor

In Louisiana, a married person may not contract another marriage.  Such a purported marriage is an absolute nullity.  You will need to get an attorney to file to have the marriage declared an absolute nullity.  You also may be entitled to other benefits that you would have been entitled to if the marriage had been valid.

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

Answered 8 years ago | Contributor

Please speak with an attorney in your area.  Although the marriage is technically void you should get an order of the court declaring it as such.  The requirements is your state are state specific and an attorney there will know what you need to do.  Good luck to you.


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