Is a second marriage legal if you re-married before your first marriage was finalized?

UPDATED: Feb 15, 2012

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Is a second marriage legal if you re-married before your first marriage was finalized?

Approximately 13 years ago I was married to 2woman at the same time for about 5 months. I thought my previous marriage had been dissolved based on a conversation with my ex-wife. We had been separated for 3 years. Then 5 months after getting remarried the papers were finally processed. What are the potential repercussions? Is my current marriage legal?

Asked on February 15, 2012 under Family Law, Idaho


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

Answered 11 years ago | Contributor

Please bring all the paperwork you have  - and please get a copy of the paperwork from the dissolution of the first marriage - and bring them to an attorney to review.  You can not enter in to a contract for marriage unless the first marriage has been legally dissolved.  The second marriage is void under the law, not voidable.  So I would say that based upon your rendition of the facts here you are not legally married to your present wife.  Goodluck.

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