QUESTION

How can I find out if my marriage is valid and what legal action can I take if I do?

Asked on Mar 12th, 2013 on Divorce - Texas
More details to this question:
I found out that my husband was still legally married when we got married. Since then, they have gotten divorced. I am not sure I want to stay in this marriage as he has been mentally and emotionally abusive and is a drug addict. If our marriage is not valid, what legal action do I need to take? Also, can I file head of house hold on my taxes before I take any legal action?
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4 ANSWERS

John Arthur Smitten
Your marriage is void you need an annulment.
Answered on Mar 13th, 2013 at 2:38 PM

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Family Law Attorney serving Villa Park, CA at The Law Office of John J. Stanton
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If he was legally married to someone else at the time he married you, you can seek to void the marriage through a Nullity action. Since you are the innocent party here (assuming you we're unaware of his marriage status), you are considered a "Putative" spouse and can seek support and a property division from him.
Answered on Mar 13th, 2013 at 2:38 PM

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File for nullity and in the alternative for divorce. If he makes more than you and you have children see an attorney. You could have a putative marriage and get support and a property division. See a CPA about your taxes.
Answered on Mar 13th, 2013 at 2:37 PM

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The marriage became valid upon the divorce being completed in the other marriage. I suggest you hire a lawyer to assist you with a divorce.
Answered on Mar 13th, 2013 at 2:36 PM

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