What to do if I remarried my current spouse before my divorce to my first spouse was finalized?

UPDATED: Sep 30, 2022

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What to do if I remarried my current spouse before my divorce to my first spouse was finalized?

I re-married 9 years ago abroad to my current spouse. However, I only found out now that my current marriage is void because my previous divorce wasn’t finalized until 2 months after the date of my current marriage. Can I re-marry my current spouse now to make it valid or will I need to get an annulment to this marriage first before re-marrying to the same person?

Asked on May 29, 2017 under Family Law, Alaska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Actually, there is nothing to get annulled. Since you were not legally free to re-marry when you did, your second marriage is null and void in the eyes of the law. This means it is as though it never happened. You'll need to marry your current "spouse" again. You may also want to consult directly with a family law attorney as to all of this.

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