QUESTION

Can I get an annulment if my husband is still legally married to his first wife?

Asked on Oct 30th, 2012 on Divorce - California
More details to this question:
We were married March 11, 2012 and found out he was never divorced Aug 11, 2012 can I get an annulment?
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13 ANSWERS

Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
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Yes.
Answered on May 21st, 2013 at 1:48 AM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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Yes.
Answered on May 21st, 2013 at 1:26 AM

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Gary Moore
Yes.
Answered on May 21st, 2013 at 1:25 AM

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Dennis P. Mikko
Yes. Since he was married at the time of your marriage, he did not have the capacity to marry and your marriage is void and can be annulled.
Answered on Nov 02nd, 2012 at 1:40 AM

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If your husband is still "legally married to his first wife", then "you may not be legally married to him in the first place".
Answered on Nov 01st, 2012 at 4:48 AM

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Yes, you can based on fraud. However, I also believe that your marriage is null and void as if it never occurred if he was already married. It sounds like he is guilty of bigamy.
Answered on Nov 01st, 2012 at 12:53 AM

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Family Law Attorney serving Chandler, AZ
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Yes, if your spouse is still married to someone else, you can get an annulment. I recommend you consult with an attorney to discuss this process in greater detail.
Answered on Oct 31st, 2012 at 11:52 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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Yes, you can get an annulment, as a matter of fact, your current marriage is not valid and is null and void. However, you need to have a judge declare it that way, with an annulment action. You should consult with an attorney.
Answered on Oct 31st, 2012 at 11:52 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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That is the prime reason to seek an annulment. Consult with a local attorney about this.
Answered on Oct 31st, 2012 at 11:48 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Most probably yes. Actually, because he was married at the time he could not legally marry you which would make the marriage void.
Answered on Oct 31st, 2012 at 5:24 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Strictly speaking, you don't really need an annulment because your current marriage is invalid. Colorado no longer has a proceeding for annulment but you can obtain a Declaration of Invalidity based on the fact that he was still married to someone else.
Answered on Oct 30th, 2012 at 5:13 PM

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Family Law Attorney serving Fountain Valley, CA at Law Office of Edwin Fahlen
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If your husband was married at the time of your marriage. Your marriage is voidable by annulment.
Answered on Oct 30th, 2012 at 3:29 PM

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Yes, he committed bigamy but don't wait too long.
Answered on Oct 30th, 2012 at 3:26 PM

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