What can I do if I was not lot legally divorced when I remarried?

UPDATED: Sep 30, 2022

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What can I do if I was not lot legally divorced when I remarried?

My, what I thought was my ex-husband, sent me all the papers a few years ago, told me everything was filed, he went to court he lives in a different state, and that our divorce was granted. I wasn’t given a divorce decree. Since I was young and only 19 I believed him. I met a new guy, everything was amazing and we got married. Since there was no issue when we got married I believed that the divorce was still fine. My ex has recently contacted me saying he never filed the papers and we aren’t actually divorced. I am now technically married to 2 people. What do I do? I do not want to be married to my ex. My current husband and I have kids together. How do I go about staying married to him and finally divorcing my ex?

Asked on March 26, 2017 under Family Law, South Carolina


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

Answered 5 years ago | Contributor

First of all, whether you want it or not, you are still married to your "first" husband. Accordingly, since you were legally his wife when you "remarried", your "second marriage" is null and void in the eyes of the law. At this point, you will need to file for divorce from husband #1 and then remarry husband #2. You should at this point consult directly with an divorce attorney in your area as they will be able to best advise you further.

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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