QUESTION
If I married a man and years later found out that his divorce from his 1st wife was not final prior to us getting married, does this void our marriage
Asked on Nov 18th, 2013 on Divorce - Michigan
7 ANSWERS
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
The marriage can be void and you could petition for annulment. It is very hard to obtain and annulment. I highly recommend contacting an experienced family law attorney.
Answered on Nov 20th, 2013 at 7:33 PM
It does not necessarily void your marriage. You may have the option of having it declared void. It is technically voidable. You should meet with a family law attorney to protect your 15 year investment. Good luck.
Answered on Nov 19th, 2013 at 1:02 PM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
If he was not officially divorced when you two got married, then your marriage is null and void. That is called bigamy. Either he or you can file an action to annul your marriage and it would be granted. If you want to fix it, you will need to get legally re-married now that he is divorced.
Answered on Nov 19th, 2013 at 1:02 PM
Bruce Provda
You need to bring this to a family attorney to work out. It certainly could be a problem, but depending on where in the case it was, it might not be. Talk to someone.
Answered on Nov 19th, 2013 at 1:01 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
No. Sorry, you are stuck. He just needs to finalize the divorce.
Answered on Nov 19th, 2013 at 1:01 PM
Did the prior marriage ever become final? Important bit of information to know. if it did, then your marriage is likely just fine after staying together 15 years. If not, oh good grief, why, once you and he are aware of the issue.
Answered on Nov 19th, 2013 at 1:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It is certainly possible, I would bring the details to an attorney for a firm opinion.
Answered on Nov 19th, 2013 at 1:00 PM