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.

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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