What is my legal status if my husband did not wait the required time after his first divorce to marry me?

UPDATED: Jan 24, 2012

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What is my legal status if my husband did not wait the required time after his first divorce to marry me?

I am trying to get a divorce from my husband. We have not been together 8 years. I have recently found out that he has “remarried” at least once, possibly twice since we broke up. I also found out from his first wife that at the time I married him, he was going through his divorce from her and it had not been 30 days yet. Are we legally married after all? Is our marriage null and void because he had not waited the 30 days like he said it was. If not, how do I get my divorce and move on with my life if he won’t sign nor give me any contact info on himself so I can send papers?

Asked on January 24, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay it sounds as if you need to speak with an attorney in your area on this matter.   It is difficult to understand if you mean his divorce was not completed or it was completed but there is a 30 day waiting period to remarriage which he ignored.  The 30 day waiting period is generally for procedural reasons say if one of the parties wanted to appeal the divorce decree.  In many states it makes the marriage "voidable" but not necessarily void if you do not wait.  Serving him is also procedural and there are ways do not worry.  Good luck.

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