QUESTION
Is our marriage void if my wife was married at the time?
Asked on Jun 08th, 2011 on Divorce - Colorado
More details to this question:
I was married 3 months before my wife's divorce was finalized. Is our marriage void? Or is there a way to fix the current marraige certificate?
11 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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In Washington State, it appears your marriage is void.
Answered on Jun 13th, 2011 at 10:42 AM
Debra L. Palomino
Yes, your marriage is void.
Answered on Jun 10th, 2011 at 10:35 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If your Wife was still legally married at the time of your marriage, then your marriage is void from its inception and you are not legally married. If she is now divorced, the only way to correct the situation and make the marriage legal would be to get married again.
Answered on Jun 10th, 2011 at 10:29 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Oh, I'm so sorry. This is an "interesting" question. It's not a good thing when a lawyer says a matter is "interesting." Washington Practice, which is a book that summarizes the law,tells me that a statute says you were not eligible to be married but it doesn't say what the consequence is of your wife committing bigamy, which I suppose is probably a crime but I'm not a criminal attorney. Some case law says your marriage is not void but "void ab initio" which is latin for void from the beginning because it violates public policy or law.. Basically someone could try to show your marriage is void by proving the first marriage was still in place. I suppose the safest thing is to get married again now that your wife is divorced so you would have a real marriage. There are some serious consequences to not being safely married but thinking your are. Are your tax returns fraudulent? Can you testify against each other or not (spouses sometimes can't), etc.It's June, time for a wedding!
Answered on Jun 09th, 2011 at 12:08 PM
Theodore W. Robinson
Yes, it is void ab initio, which means it never happened because she was legally unable to be married due to the fact that she was already still married. There is no way to "fix" the certificate, but you can do it again in the clerk's office if you wish or find a local minister and do it again. Good luck.
Answered on Jun 09th, 2011 at 12:00 PM
Car Accidents Attorney serving Salem, OR
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Howard W. Collins
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If your facts are correct, your marriage is void ab initio; void from the beginning. You are not married.
Answered on Jun 09th, 2011 at 11:32 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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If challenged in court, your marriage would be found to be void. But that would not necessarily relieve you of child and spousal support duties or from a fair division of property. Please see a domestic relations counsel to discuss ways to rectify the situation.
Answered on Jun 09th, 2011 at 11:28 AM
Glen Edward Ashman
You are not legally married in most states (you failed to tell us what state you live in). In fact, you and your "wife" are criminals and could be jailed for bigamy. See a lawyer. And you likely have to remarry (you may also need to first do an annulment).
Answered on Jun 09th, 2011 at 10:38 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Your marriage is at least potential invalid if your wife was married at the time. I do not know of a way to fix the marriage certificate. It may be possible to remarry. I would suggest consulting with any attorney in your area for more specific information on this issue.
Answered on Jun 09th, 2011 at 10:27 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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It is void as a bigamous marriage. You should annul the current marriage and, if it is your desire to marry, obtain a new marriage license and get married again. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answered on Jun 09th, 2011 at 10:27 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes, if one party is still married to someone else the marriage is prohibited and therefore void. Strictly speaking it is only "voidable" because you probably need to get a judicial declaration of invalidity to protect yourself. If the purpose of you question is based on wanting to keep the current relationship intact as a marriage, you should simply go and get married again.
Answered on Jun 09th, 2011 at 10:12 AM