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My husband got married when he was young to a women in another state. He was told the marriage was annulled.We got married in the state we live in now. She contacted him and said she never annulled the marriage . Am I legally married to him? She has had divorce papers drawn up to send to him. What are my options?
Asked on October 20, 2019 under Family Law, Virginia
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 1 year ago | Contributor
No, you are not legally married to him: in the U.S., you simply can't be married to two people simultaneously, so if someone is married to person A, they can't marry B until and unless the marriage to A is annulled or ended by divorce. The second "marriage" is void. You cannot marry him legally until the first marriage is dissolved; then you will need to remarry; and you will probably also need to do some other paperwork to straighten out the confusion caused by having in invalid marriage registered or filed. You are strongly advised to consult with a famly law attorney about the situation, who can also:
1) Help expedite the divorce from the other woman;
2) Prepare documents like a simple will, a power of attorney, and health care proxy (a/k/a "living will") that will give each of you some of the benefits and authority and rights that otherwise come from being married legally.