Is our marriage invalid?
UPDATED: Oct 1, 2022
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Is our marriage invalid?
After almost 30 years of being married, we thought, I applied for my pension and found out that my divorce from first husband wasn’t final when I remarried, so my current marriage is illegal. Does this mean the marriage is void? We want to get remarried but don’t know if we need to annul our current illegal marriage before we marry?
Asked on November 13, 2017 under Family Law, California
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, your marriage is void since you were already married at the time of the second wedding ceremony. As to your current status, you can just re-marry now; you need not go through an annulment, although that might be a good idea. However, since your Social Security benefits may be affected, first you should really continue to try and track down your ex-husband to get the date of your divorce moved back since you Social Security benefits may be affected. At this point, I would strongly urge you ro consult directly with a local divorce attorney who can best adivse you further.
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