If shortly after we were married my first wife told me she never divorced her first husband, is my marriage to her legal?

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If shortly after we were married my first wife told me she never divorced her first husband, is my marriage to her legal?

How can I find out if in fact she was still married?

Asked on January 7, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh boy.  I am so sorry for your situation here.  If your wife was still married when you got married then she did not have "the capacity to contract" and therefore, you are not married now.  The mariage is void under the law.  The thing here is that you did not say whe was in the process of divorcing hi and the divorce was not yet final when she married you. Your marriage would still be void but if you were possibly in a state that recgnized common law marriage you may have become married after the divorce was finalized.  Checking may be difficult unles she has always lived in the same place and would have filed for divorce ther.  You file where you reside.  If her first husband filed then where he resided.  You would check court records under "Smith vs. Smith."  Good luck to you.


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