QUESTION
Will finding that my husband was not divorced but just legally separated from previous marriage make our marriage legal and valid?
Asked on Sep 24th, 2012 on Divorce - Florida
29 ANSWERS
Theodora B. Fader
No, your marriage would not be valid if your "husband" was still married when you wed.
Answered on Jun 12th, 2013 at 2:28 AM
Tamara Marie Chin
No your present marriage is not legal.
Answered on Jun 12th, 2013 at 2:26 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Being legally separated is like being a little bit pregnant: the reality of the situation is not changed. Your husband was still married when he married you if at the time he was only legally separated.
Answered on Jun 12th, 2013 at 2:21 AM
Not in Utah. Your marriage is null and void due to the continuation of his previous marriage bonds, still in existence at the time you were married.
Answered on Jun 12th, 2013 at 1:17 AM
Steven D. Dunnings
No.
Answered on May 22nd, 2013 at 1:52 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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NO.
Answered on May 22nd, 2013 at 1:43 AM
Leonard A. Kaanta
A legal separation is not divorce, your marriage is invalid.
Answered on Oct 01st, 2012 at 11:59 PM
Family Attorney serving Vancouver, WA
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Law Office of Kirsten A. Samwel, PLLC
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Bigamy is illegal in Washington. His being married and never divorced prior to marrying you would actually make your marriage void. However, in order to protect yourself, you should go through the process called a Petition for Invalidity of Marriage, that is, if you wish to officially invalidate or make void the marriage. The basis for the invalidity would be that he was already married. If you wish to stay married to him, he needs to finish the divorce from the first wife (or in his case if he is legally separated, go through the required steps to convert his legal separation to a divorce), and then the two of you need to re-marry.
Answered on Sep 28th, 2012 at 12:25 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No. If your husband entered the marriage with you before he was divorced, your marriage is void because he did not have the legal capacity to enter a marriage. However, any property acquired during the invalid marriage will likely be treated as community property because you were not aware that the marriage was invalid. If both of you were aware that the marriage was invalid because he was not divorced, a court may treat this differently. He would also be held to be the presumptive father of any children conceived during the invalid marriage.
Answered on Sep 28th, 2012 at 12:22 PM
4 Awards
A person's failure to complete a divorce terminating a marriage renders a subsequent marriage null and void in Louisiana. A previous marriage is an impediment to getting legally married in Louisiana. The second spouse does not have to file for divorce, the marriage is simply null. Some clients prefer to take action to have a court declare the marriage invalid for purposes of public notice, but it is not necessary. If a person is not aware that their spouse was still married and not divorced, and married that person in good faith, they have rights as a "putative spouse" which may include rights for support and maintenance, and property rights regarding property obtained by that couple. The previous spouse has rights as well, including a continuing interest in community property such as pensions, retirement accounts, etc. The still-married and married again spouse may have criminal liability under the bigamy statutes, and could certainly be divorced for adultery if the second marriage were consummated. A person involved in this relationship, in any of the positions-first spouse, second spouse or twice married spouse should seek legal counsel immediately to sort out their rights and options.
Answered on Sep 28th, 2012 at 12:21 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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That would make your marriage bigamous and voidable. He needs to get a divorce if you are remaining married.
Answered on Sep 28th, 2012 at 12:35 AM
New User
No. A person cannot be married to two people at the same time. A legal separation is just that, a separation. He would have still been legally married making any marriage entered into during the separation void.
Answered on Sep 26th, 2012 at 2:56 PM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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No. A legal separation is not a divorce. His prior marriage is still valid and he has committed bigamy which is a crime. He needs to file for divorce right now and then you can remarry. An attorney can talk to the county prosecutor, if necessary, and persuade them not to pursue bigamy charges.
Answered on Sep 26th, 2012 at 2:55 PM
1 Award
No, it is an absolute nullity. You cannot marry someone who is still married to another.
Answered on Sep 26th, 2012 at 11:54 AM
If you married your husband while he was still married to someone else, your marriage is probably not valid.
Answered on Sep 26th, 2012 at 11:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, if he was not DIVORCED his marriage to you is most probably void, criminal and bigamous.
Answered on Sep 26th, 2012 at 11:51 AM
No, legal separation divides property but does not restore a person to the status of a single person. A person who has a legal separation judgment is not free to remarry. The separation must be converted to a dissolution.
Answered on Sep 26th, 2012 at 11:47 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If your husband was not divorced at the time you married, then your marriage is void and not legal. You cannot be married to two people at one time (legal separation is not the same as divorce). That is called bigamy.
Answered on Sep 26th, 2012 at 11:44 AM
Dennis P. Mikko
If your husband was not divorced, then he was married at the time of your marriage. A legal separation is not a divorce. Since he was married at the time of your marriage, your marriage is void and he could be charged with violation of the bigamy laws.
Answered on Sep 26th, 2012 at 11:43 AM
Michael Paul Vollandt
No. He should take care of it and thy to get the judgment nunc pro tunc (make it retroactive)
Answered on Sep 26th, 2012 at 11:43 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your husband was either married or divorced. Being legally separated is not divorced so your marriage will never be valid.
Answered on Sep 26th, 2012 at 11:42 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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In order to remarry, the previous marriage must be legally dissolved. Legal separation is not the same thing.
Answered on Sep 26th, 2012 at 11:40 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, it will not. If the husband was married at the time he married you the marriage is void. He could be charged with the crime of bigamy. Your marriage is not valid and it could be annulled.
Answered on Sep 26th, 2012 at 11:39 AM
If your husband was not divorced at the time of your marriage your marriage is void as a matter of law and you likely can proceed with an annulment rather than a divorce.
Answered on Sep 26th, 2012 at 11:38 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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The fact that your husband was already and still married makes your later marriage illegal and invalid. The more technical term is "void." You can't get married if you're already married. You can have only one spouse at at time.
Answered on Sep 26th, 2012 at 11:38 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If the first marriage was not terminated by a Decree of Dissolution (and a "legal separation" not a termination) makes a second marriage void, and invalid. There is also the prospect of a criminal charge of Bigamy; though prosecutors are unlikely to take action unless there is some financial fraud associated with the actions of the husband.
Answered on Sep 26th, 2012 at 11:38 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No. If he was not legally divorced when you got married, your marriage is null and void. You should consult with an attorney who practices in the county where you reside.
Answered on Sep 26th, 2012 at 11:37 AM
Suzanne H. Lombardi
If he was still married at the time he married you, legally separated or not, your marriage can become annulled. You will want to discuss with an attorney what your options are but chances are your marriage is not legally sufficient.
Answered on Sep 26th, 2012 at 11:37 AM