Is my marriage valid

UPDATED: Oct 1, 2022

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Is my marriage valid

So apparently when I married my husband he was currently
married to someone else in his country, is my marriage valid
? Do I need to go thru a divorce so I can get married to
someone else if I show proof of his divorce finalization while
he was already married to me?

Asked on November 4, 2017 under Family Law, New York


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

Answered 5 years ago | Contributor

There is no need for you to divorce since there is nothing to dissolve. Since your "husband" was already married to someone else at the time of your wedding, you marriage is deemed null and void. In other words, in the eyes of the law it is as if it never happened. So you are now free to marry. That having been said, you may want to file for an annulment so as to clear up any legalties that your union may have caused.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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