QUESTION
Can I get annulment after my husband found out that his first wife never filed their divorce papers?
Asked on Oct 30th, 2012 on Divorce - Michigan
18 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 21st, 2013 at 1:18 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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I need many more facts to give informed advice.
Answered on Nov 06th, 2012 at 8:10 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If he is not divorced, you do not have a legal marriage to annul. Your marriage is void.
Answered on Nov 02nd, 2012 at 10:07 PM
In reply, yes. You would file for an Annulmnet on the basis that the marriage is null and void due to the last marriage not being dissolved. I would advise you to seek counsel to assist you in the porocess.
Answered on Nov 01st, 2012 at 2:09 PM
Yes, bigamy is a ground for annulment. You should consult a family law attorney or facilitator to assist you with the proper paperwork.
Answered on Nov 01st, 2012 at 2:09 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You very likely have grounds to annul the marriage or even have it declared void.
Answered on Nov 01st, 2012 at 2:07 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If your Husband was still legally married at the time of your marriage, your marriage is null and void. However, you need to have a judge enter an order of annulment.
Answered on Nov 01st, 2012 at 2:07 PM
Michael Paul Vollandt
Yes you can. In California your present husband and you have a void marriage until it gets fixed, if it can be fixed.
Answered on Nov 01st, 2012 at 2:06 PM
Gary Moore
You can get an annulment, based on his being already married when you married him.
Answered on Nov 01st, 2012 at 2:06 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Colorado does not have annulment procedures. Instead, you could obtain a Declaration of Invalidity based on the fact that your current marriage is invalid because your "husband" was still married to someone else. Whether it is important to get that judicial decree may depend on how long you have been in this "invalid marriage" and whether there are children or financial issues that need to be resolved. You should consult an attorney who can advise you based on all the relevant information.
Answered on Nov 01st, 2012 at 2:06 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Getting out is easy. Your marriage is void if the party with whom you are living is still legally married to someone else.
Answered on Nov 01st, 2012 at 2:04 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes. If the first marriage wasn't completed, then your marriage is considered bigamous and void. It should be annulled.
Answered on Nov 01st, 2012 at 7:15 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Possibly. An annulment refers to a divorce situation where the marriage was based upon a fraud. Your husband represented to you that he was unmarried, which was fraudulent. But this may not be the best way to go because it makes it seem as if the marriage never occurred. If you have the possibility of spousal support or child support, you may be better off another way., Please see a family law attorney before you act upon ending your marriage.
Answered on Nov 01st, 2012 at 7:14 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Sounds like bigamy and so grounds for annulment
Answered on Nov 01st, 2012 at 7:13 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, you would have to file an annulment action in the Circuit Court in your county. The marriage is void or voidable at the very least if he was still married when you got married to him.
Answered on Nov 01st, 2012 at 7:12 AM
If your "husband" was still married to his first wife at the time of your marriage, your marriage was never legal/valid, so you can seek an annulment. ? The process is quite simple and once it is completed, it is as if you were never married to your husband.
Answered on Nov 01st, 2012 at 7:11 AM
If your "spouse" is still married to another person, you can file to annul your marriage. I recommend you consult with an attorney to discuss this process in greater detail.
Answered on Nov 01st, 2012 at 7:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, that would be grounds for an annulment as, actually, if he was married to another, the "second" marriage is void. Engage an attorney.
Answered on Nov 01st, 2012 at 7:07 AM