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

UPDATED: Aug 9, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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 AttorneyPages.com 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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