what is legal status of marriage when married twice but wasn’t divorced?

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what is legal status of marriage when married twice but wasn’t divorced?

I got married in 1990, filed for divorce, I thought divorce was finalized but it wasn’t. I then remarried in 2005. I then found out I was not legally divorced from my first husband. Since then was able to get divorce finalized in 2008. Regarding my current marriage was is the legal status? Do I need to get remarried thru the courts, or just renew my vows? What would my legal marriage date then be? My husband and I want to make our marriage legal.

Asked on June 4, 2009 under Family Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To make sure that your second marriage is legal, get remarried again since your first divorce is now final.

When you were married before, the non-finalized divorce of your first marriage tainted your second marriage making it illegal. You were not considered legally divorced from your first husband until 2008. So your second marriage in 2005 was not legal.


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