How can I find out if my marriage is valid and what legal action can I take if I do? 8 Answers as of March 14, 2013

I found out that my husband was still legally married when we got married. Since then, they have gotten divorced. I am not sure I want to stay in this marriage as he has been mentally and emotionally abusive and is a drug addict. If our marriage is not valid, what legal action do I need to take? Also, can I file head of house hold on my taxes before I take any legal action?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You are legally married. You were not legally married originally but when his divorce was complete the legal impediment was removed and your marriage was legitimized. Your only option at this point is to file a divorce action. Taxes are another matter. You should really seek professional assistance with that question from a CPA or tax professional.
Answer Applies to: Texas
Replied: 3/14/2013
S. Joseph Schramm | Joseph Schramm
Once your husband obtained his divorce it cured the defect of your marriage with him and made it valid. However, if you no longer wish to remain in your marriage you could file an action for divorce.
Answer Applies to: Pennsylvania
Replied: 3/14/2013
Law Office of John J. Stanton | John J. Stanton
If he was legally married to someone else at the time he married you, you can seek to void the marriage through a Nullity action. Since you are the innocent party here (assuming you we're unaware of his marriage status), you are considered a "Putative" spouse and can seek support and a property division from him.
Answer Applies to: California
Replied: 3/13/2013
Carey and Leisure | John Smitten
Your marriage is void you need an annulment.
Answer Applies to: Florida
Replied: 3/13/2013
John Russo | John Russo
Tax question no you cannot, If what you allege is factual your marriage is void ab initio, from the beginning. But only the court can make that determination so you would need to file to have the court declare your marriage void before you can file the way you wish, it is a strange situation but the court must declare the marriage void first. Make sure you have proof of the allegation you are making, i.e. copy of his final judgement showing he was married at time of your marriage.
Answer Applies to: Rhode Island
Replied: 3/13/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    File for nullity and in the alternative for divorce. If he makes more than you and you have children see an attorney. You could have a putative marriage and get support and a property division. See a CPA about your taxes.
    Answer Applies to: California
    Replied: 3/13/2013
    Mari Morrison Attorney at Law | Mari Morrison
    Once he is divorced, there is a presumption your marriage is valid. You can get a divorce based upon fraud. As far as head of household, you should talk with whoever files your taxes about that.
    Answer Applies to: Alabama
    Replied: 3/13/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    The marriage became valid upon the divorce being completed in the other marriage. I suggest you hire a lawyer to assist you with a divorce.
    Answer Applies to: Texas
    Replied: 3/13/2013
Click to View More Answers: