What to do if my wife just married someone else and we are still married?

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What to do if my wife just married someone else and we are still married?

I have been married to someone for 7 years and she started seeing some else. I just found out that they got married even though we are still married. Is there any way that I can get my marriage to her terminated without going through the whole process of divorce? I am also active marine corps if that makes a difference.

Asked on August 9, 2011 California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you still need to divorce her, unfortunately, though her actions will certainly have a bearing in the divorce proceeding as well as in any custody (if there are children) or support decisions. The fact that you are in the Marine Corp., apart from earning the gratitude and admiration of this author, does not bear on that fact.

Her new "husband," howver, is not her husband--the marriage is not valid. In the United States, someone may only be married to one person at a time; if your wife was still married to you, she could not also marry him. Their marriage is invalid from the start, and does not convey on either of them the sort of legal rights that marriage typically does.


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