Do I have to file an annulment if my marriage is nullified because of bigamy? 21 Answers as of June 10, 2013

I was not divorced from my first wife, and I got married again. Do I have to file an annulment if my marriage is nullified because of bigamy?

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Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Yes. You must file for an annulment indicating that it was a void marriage under the Statute. A court order would issue finding that the marriage is void, thus invalidating the marriage.
Answer Applies to: Minnesota
Replied: 5/24/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes.
Answer Applies to: Texas
Replied: 6/10/2013
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you still need a court order.
Answer Applies to: California
Replied: 5/23/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you want to be (or remain) married to your current "wife", don't file to annul that marriage; instead, divorce your former wife and remarry your current "wife". If you want to end your marriage with your current "wife", whereas your marital status with your former wife makes your marriage to your current "wife" illegal, if you file for an annulment of the subsequent marriage, you should also check the box in the petition for dissolution of marriage, as a backup, just to be safe.
Answer Applies to: California
Replied: 5/23/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
I have done this, helped to fix the second marriage and make it valid when you got married again before divorcing the first wife. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Replied: 5/23/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    Yes, your new wife can file an annulment based on your bigamous marriage. She would be deemed the putative spouse and the same property rights will apply through the annulment proceedings.
    Answer Applies to: California
    Replied: 5/23/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I am not 100 percent sure, but I would think that filing for divorce on the basis of the bigamy would be one way to officially terminate the marriage. Stay well.
    Answer Applies to: Alabama
    Replied: 5/23/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to have a court enter a Decree to declare the marriage invalid (Colorado doesn't use the term annulment anymore) based on the fact that you were not legally free to enter the marriage. Depending on the length of time since this invalid marriage and all the other facts and circumstances (e.g. any children, any property acquired) there may be a number of issues that will require a resolution similar to what happens in a divorce. Until you obtain the Decree, you are at risk of criminal prosecution and a variety of possible legal obligations, so you should not delay in taking appropriate action.
    Answer Applies to: Colorado
    Replied: 5/23/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Actually, you are not married the second time because you were unable to actually be legally married due to your first marriage still being intact. In other words, your second marriage is void from the outset. Consult with a local matrimonial attorney to see if anything needs to be done on your behalf - other than try to protect you from a criminal charge for marrying without being divorced first. I think I would want to come to some sort of settlement with the second wife so she doesn't report you to the authorities as a bigamist. Good luck.
    Answer Applies to: New York
    Replied: 5/20/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    You have to end your first marriage and remarry.
    Answer Applies to: Connecticut
    Replied: 5/20/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Marriage to wife #1 is not automatically annulled if you get married to wife #2. Also, an annulment would apply to the second marriage, not the first. If you want to end marriage #1, then you or wife #1 needs to file for divorce. If you want to end marriage #2, then wife #2 should file for an annulment.
    Answer Applies to: California
    Replied: 5/20/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Yes, you must file the paperwork to request an Order nullifying the marriage to obtain a Judgment of Nullity.
    Answer Applies to: California
    Replied: 5/20/2011
    Bartholomew & Wasznicky LLP
    Bartholomew & Wasznicky LLP | Hal D. Bartholomew
    The grounds for an annulment (technically - a judgment of nullity) include bigamy. It is important that a court determines and orders that there was never a marriage so that both of you have a court order declaring the annulment. Technically, your wife has the grounds since you were the bigamous party. the issue may be who had knowledge and why of the prior marriage. Even though there may be an annulment there can still be issues potentially of spousal support and division of property to be decided. You should consult with an attorney to determine how you should proceed.
    Answer Applies to: California
    Replied: 5/20/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    In Oregon, the second marriage is void from the beginning so you were never married the second time. There would be no need for an annulment.
    Answer Applies to: Oregon
    Replied: 5/20/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, you probably could file for such an annulment but as the party apparently most responsible for the void or voidable marriage, you could also thereby be exposing yourself to criminal prosecution for the bigamy.
    Answer Applies to: Virginia
    Replied: 5/20/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes.
    Answer Applies to: California
    Replied: 6/10/2013
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes, you will have to prove these facts in court so that your marriage can be declared null and void in an annulment judgment.
    Answer Applies to: Connecticut
    Replied: 5/20/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, you should file for an Invalidity of Marriage if your marriage was invalid, such as for bigamy.
    Answer Applies to: Washington
    Replied: 5/20/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes, you would still need to file the correct paperwork with the court. We offer free consultations.
    Answer Applies to: Utah
    Replied: 5/20/2011
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