If my hubby married me before his first divorce was final, do I need to legally divorce him?

UPDATED: Jul 27, 2011

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If my hubby married me before his first divorce was final, do I need to legally divorce him?

Do I need to go through with a divorce? The marriage certificate was never turned into the court house. Is our marriage void. What do I do if I even decided to stay?

Asked on July 27, 2011 Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your husband was not divorced from his first wife when he married you, then your marriage to you is not valid, it is void. All states in this country outlaw bigamy and polygamy.

Potentially your husband may be subject to criminal prosecution for being married to two women at the same time depending upon the statuts of the state you were married in and perhaps live in.

If you want your marriage declared invalid, you need to file a petition in your county court house stating as the basis that your husband was married when you married him.

If you want to remain with him and be married, he needs to get a divorce from his first wife and then you marry him a second time, only this time, make sure you have a copy of the divorce decree from his first wife.


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