QUESTION
Is my marriage valid if the man I married had his first marriage?
Asked on Aug 28th, 2012 on Divorce - California
More details to this question:
I discovered that my husband had his first marriage 5 years prior to our marriage, in this connection, I would like to know if our marriage is valid, if it is not valid, then do I need to go to court to declare that it is really invalid?
21 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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The information you provide is unclear. However, if you mean that your husband failed to divorce his first wife before he married you, then your marriage is void as a matter of law.
Answered on Sep 05th, 2012 at 11:14 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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If you are saying your husband was previously married and never divorced his first wife before marrying you, yes it is possible the marriage is invalid or you may claim to be a putative spouse. You should consult with a family law attorney who can explain all the issues concerning your particular case.
Answered on Aug 30th, 2012 at 5:19 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Was he divorced from the first marriage? If so, yours is valid; if not, yours is not.
Answered on Aug 30th, 2012 at 5:19 PM
If your husband's first marriage was not dissolved then your marriage is not valid and you may petition the court for an annulment on those grounds. You should consult a family law attorney or facilitator to assist you with the paperwork.
Answered on Aug 30th, 2012 at 5:19 PM
Dennis P. Mikko
If your husband was still married at the time of your marriage, your marriage is not valid. You would have to file a complaint in ciruict court seeking an annulment of your marriage. If your husband was married, he would not have been capable of contracting to marry you and incapacity is a valid reason for annulment.
Answered on Aug 29th, 2012 at 11:34 AM
Steven D. Dunnings
Was he still married when he married you?
Answered on Aug 29th, 2012 at 11:34 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Whether your marriage is valid is determined by whether or not your husband obtained a divorce in his first marriage. If he did not obtain a divorce, there is a good chance that your marriage to him is not valid, depending on your state's laws. You should get a court to determine that, though, otherwise you may have difficulty with any property or debt issues if you share things in both of your names.
Answered on Aug 29th, 2012 at 11:33 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If the husband was still married at the time of your marriage, your marriage is void and you need to file a petition for annulment of marriage.
Answered on Aug 29th, 2012 at 11:33 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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If your husband was not divorced when he married you then you are not legally married now. You should petition the court for an annulment.
Answered on Aug 29th, 2012 at 11:31 AM
If you husband was married to someone else on the day you two tied the knot, then the marriage is not valid.? The length of time between your husband's first marriage and his marriage to you is totally besides the point. Either he was already married or he was not already married on the day he married you. If his first wife was deceased or he and his first wife obtained a divorce, then he was not married. But in the United States at least, one can be married to one and only one person at a time. If you did not know and obtained a license and went through the ceremony and lived together, then for your benefit only, he can be held to the requirements of being married to you, whatever that means in your particular case. If you want an annulment or a dissolution of marriage either one, you can obtain whatever you need.
Answered on Aug 29th, 2012 at 11:30 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If your husband was never legally divorced from his first marriage, then your marriage to him is invalid and, in Colorado, you will need to file a Petition for Declaration of Invalidity in order to protect yourself and secure any rights arising from the invalid marriage. Your question is not clear or complete as to whether you know for certain there was no divorce of the first marriage or if you simply don't know and now have some suspicions as to whether or not there was a divorce. Based on what the actual state of your knowledge is, you may need to conduct more investigation and perhaps consult an attorney.
Answered on Aug 29th, 2012 at 11:30 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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If your husband is still married, then your marriage is a nullity. You should seek to have your marriage annulled due to the husband's first marriage.
Answered on Aug 29th, 2012 at 11:29 AM
If you are saying your husband was previously married and never got a divorce, yes. You need to have the current marriage declared invalid by a court. If you are saying your husband was previously married and got a divorce, then the only thing you can do now is file for a divorce if you want one.
Answered on Aug 29th, 2012 at 11:28 AM
If he never got divorced then the second marriage to you is not valid. You will need to petition to have the marriage annulled (voided) based on illegality. You should contact an attorney to set up a consultation for further information.
Answered on Aug 29th, 2012 at 11:26 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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Did he get a divorce? If not, you may file for a Nullity judgment. If he was nver divorced your marriage is void, but must be declared so by a court.
Answered on Aug 29th, 2012 at 11:25 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If your husband was not divorced on the date of your marriage, the marriage is invalid and you need to go to court to have it invalidated. However, you are still entitled to a property division for property acquired during the years you were married to him.
Answered on Aug 29th, 2012 at 11:22 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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In infer from you question that your "husband" was not divorced from his wife of 5 years ago. In that event, you marriage is invalid under Washington state law. Seek a Declaration of Invalidity of Marriage under statute to resolve issues of assets and liabilities acquired during your relationship.
Answered on Aug 29th, 2012 at 11:22 AM
James Albert Bordonaro
As long as he was properly divorced your marriage is valid. If he wasn't divorced your marriage may be considered void or voidable.
Answered on Aug 29th, 2012 at 11:22 AM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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Your marriage is invalid, and will remain invalid until the man you think is your husband gets divorced and marries you for real. I would recommend just leaving instead.
Answered on Aug 29th, 2012 at 11:12 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If he was married at the time of his "marriage" to you then you marriage is invalid, arguably void. His action is criminal, and yes, you will probably have to go to court to sort out the issues of any offspring and property.
Answered on Aug 29th, 2012 at 11:11 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If he was divorced there is no problem. Otherwise you can go to court for an annulment.
Answered on Aug 29th, 2012 at 11:04 AM