Am I legally married if my husband later remarried without getting a divorce from me?

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Am I legally married if my husband later remarried without getting a divorce from me?

I lived in Honduras for 7 years. I married my children’s father there 8 years ago. Unbeknownst to me, he was married in Miami to another woman in the 90’s, however she passed away 7 years ago. I am now back stateside with my children and would like to know if I am legally married.

Asked on May 7, 2018 under Family Law, Washington

Answers:

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

Answered 3 years ago | Contributor

Since your husnad was legally married at the time that he "married" you, then you marriage is null and void in the eyses of the law. In other words, it is has if it never happened. If your husband's wife died before your marriage, then as a widower he would have been eligible to remarry. However, since she died after your ""marriage", that had no effect on the illegality of your marriage.

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

Answered 3 years ago | Contributor

Since your husnad was legally married at the time that he "married" you, then you marriage is null and void in the eyses of the law. In other words, it is has if it never happened. If your husband's wife died before your marriage, then as a widower he would have been eligible to remarry. However, since she died after your ""marriage", that had no effect on the illegality of your marriage.


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