QUESTION
Is my second marriage valid if it occurred before my first marriage divorce was final?
Asked on Aug 22nd, 2014 on Divorce - California
More details to this question:
I was married, then I filed for a divorce in 1997. It was declared final in 2008. However, I got married again in 2001. Is my 2001 marriage vaild?
4 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If your case was bifurcated on this issue, you are ok. If not, it's time to go to the justice of the peace.
Answered on Aug 26th, 2014 at 1:30 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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If your initial marriage was not terminated by Order of the Court until 2008, then your 2001 marriage is NOT a valid marriage. You should consult experienced family law attorneys in your area as soon as possible.
Answered on Aug 25th, 2014 at 12:54 PM
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It is not valid. Family Code 2201 in part states, "(a) A subsequent marriage contracted by a person during the life of a former husband or wife of the person, with a person other than the former husband or wife, is illegal and void from the beginning, unless: (1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage. (2) The former husband or wife (i) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (ii) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted. (b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210."
Answered on Aug 25th, 2014 at 11:29 AM
Under the fact pattern you describe, your 2001 marriage is voidable. If you want it to be enforceable, you need to petition the court in which you got your 2008 divorce and request that the final date be retroactively modified to a date before you got married in 2001. This is called "nunc pro tunc". See a lawyer in your community to get help with this. It is a little too complicated for you to handle alone. Good luck.
Answered on Aug 25th, 2014 at 11:28 AM