What can I do if I found out that my husband nevr got divorced form him first wife?

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What can I do if I found out that my husband nevr got divorced form him first wife?

Asked on April 19, 2012 under Family Law, Texas

Answers:

Patricia F. Bushman / Bushman & DuBose, LLC

Answered 9 years ago | Contributor

Do you want to be married to him or not?  If not, file a Petition for Annullment based on Fraud and undisclosed marriage.  You need to seperate from him immediately.  If you want to be married to him, then get him divorced.  As soon as his previous marriage ends, your marriage becomes valid.  Good luck to you.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are some people that receive a notice of petition being filed and believe they are divorced-- only to find out a few years later, that their ex- never finished the paperwork to finalize the divorce.  If your husband intentionally or knowingly married you-- while at the same time knowing that he was still married to someone else, then you could file bigamy charges.... which is still a felony offense in Texas.  If you still want to be married to him, then you need to get him hooked up with a family law attorney so that ya'll can get the ball rolling on a divorce from his ex-.  After the divorce has finalized, and after the statutory waiting period, then you can go to the JP or other official and make your marriage legal.


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