Will we need a divorce or just an annulment if my husband wasn’t divorced when we married?

UPDATED: Sep 30, 2022

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Will we need a divorce or just an annulment if my husband wasn’t divorced when we married?

My husband and I married 9 years ago. At the time we were under the impression that he was divorced from his first wife. However, that was not the case. Now he has since recently gained a divorce from her but we aren’t sure what we need to do to no longer be husband and wife. Will we need to file this as a regular divorce or can it just be annulled being that it technically and lawfully was never a legal marriage?

Asked on October 31, 2016 under Family Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since your "husband" was not legally free to marry you, your "marriage" was null and void. That is, it is as if it never took place. Accordingly, there is no need for you to file for a divorce. That having been said, you should still file for an anullment, as this will clear up any legal entaglements created by your "marriage".

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