QUESTION
Do we have to annul the first marriage and remarry to validate our marriage if I remarried 2 months before receiving divorce decree?
Asked on Apr 08th, 2013 on Divorce - Texas
More details to this question:
I got married in Vegas 2008, filed for divorce 2011 in GA. I spoke to the clerk and she told me there were delays but that the divorce was final and all we needed to do was pick up decree. The divorce was not contested, no shared property or kids. In my foolishness, I thought it was done and I just needed to pick up decree. My now husband was travelling out of the US for Military and insisted we got married. We got married in May 31st 2011. We picked up Divorce decree dated July 18th 2011. It was an honest mistake on out parts. How do we fix this? If we just go ahead and get married again maybe go to Vegas, would there be a double hit which would raise attention to us? I am supposed to file for Naturalization and think this has messed up the chances, one little ignorant mistake that turns out a life destruct. Should I forget totally about filing and just let my 10-year Green card expire? I know it’s an offense to misrepresent myself to immigration so not mentioning it would cost me more, I assume? We have been married since 2011 and are still married, does that help any?
5 ANSWERS
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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Tough question. In Michigan I would probably file a motion with the Court to set aside the Divorce decree of July 18, 2011 based upon the remarriage and reconciliation. As to the Las Vegas marriage it could be annulled because the marriage was improper because you were already married.
Answered on Apr 10th, 2013 at 1:09 AM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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First, you don't need to annul the first marriage in order to remarry the same person because you can remarry the same person as many times as you'd like! If your current immigration status is based on a marriage that was never valid, you need to arrange for a consultation with an immigration attorney right away to discuss your case in detail. If your current immigration status is not based on your marriage, I don't think this would cause any trouble with naturalization - you'll just need to explain the situation if you now have information that conflicts with information that was previously submitted.
Answered on Apr 10th, 2013 at 12:57 AM
John Arthur Smitten
Yes you need an annulment first then remarry after you get the divorce from the first marriage.
Answered on Apr 09th, 2013 at 9:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you engage an attorney to try to straighten this out. Your actual problem is that if you are not divorced, you could not remarry, and therefore your second marriage may be considered to be void. As for immigration, any known mistake can be fatal to your application.
Answered on Apr 09th, 2013 at 9:23 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If the first marriage resulted in a valid divorce, the second marriage became valid upon the entry of the divorce orders. I suggest you consult with a lawyer to examine the paperwork to be sure.
Answered on Apr 09th, 2013 at 9:06 PM