If my husband’s divorce was not yet finalized at the time that we married, what should we do?

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If my husband’s divorce was not yet finalized at the time that we married, what should we do?

He thought it was final.

Asked on July 9, 2017 under Family Law, Alaska

Answers:

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

Answered 4 years ago | Contributor

If your husband was still legally married to someone else at the time of your marriage, then in the eyes of the law, it is null and void. In other words, it is as though it never happened. Consequently, a divorce is not necessary since there is no marriage to end. That having been said, you may want to file for an annulment so as to clear up any legal uncertainties. At this point, you may consult directly with a local divorce attorney as they can best advise you further.


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