my soon to be ex husband was never divorced from his first wife, so what do I do to legally be free from him

UPDATED: Sep 30, 2022

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my soon to be ex husband was never divorced from his first wife, so what do I do to legally be free from him

I have my suspicions that my soon to be ex-husband was never divorced from his first wife.

We are going through a divorce right now but if he was never divorced from her does that

mean we don’t have to get divorced? I’m so confused on how to find out if he was divorced

and where that leaves me on the legal part of our divorce. He is asking for half of my

retirement, etc.

Asked on August 10, 2016 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you in fact can determine that your husband never divorced his first wife, then there is no need for you to get divorced from him now. The fact is that your "marriage" is null and void. That having been said, you should consider getting an annullment as this will clarify any legal issues relating to the "marriage".

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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