Is our marriage void if my wife was married at the time? 21 Answers as of July 15, 2014

I was married 3 months before my wife's divorce was finalized. Is our marriage void? Or is there a way to fix the current marraige certificate?

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Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
In Rhode Island, a bigamous marriage is void ab initio. To remedy this, you would be well advised to seek counsel to void the marriage and then remarry.
Answer Applies to: Rhode Island
Replied: 6/17/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Remarry your wife ASAP. Your marriage to your new "wife" is void. In order for your new wife to get derivative Social Security rights on your death (assuming you are married to her at the time of your death), you should not delay remarrying her, because you would need to have a valid marriage for her to get such benefits, and because you will not be entitled to derivative Social Security benefits when your spouse dies if you are not legally married to her. Also, if you and your spouse divorce, the date of your new marriage will be the starting date for the ten years of marriage required for you or new wife to claim derivative Social Security benefits.
Answer Applies to: California
Replied: 7/15/2014
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
In Washington State, it appears your marriage is void.
Answer Applies to: Washington
Replied: 6/13/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Your marriage is not "void" it is "voidable" or I should say it was "voidable". A marriage is void if it is not legal. For example, a 14 Y.O gets married, the law does not allow this, so it is a void marriage. Ditto for same-sex (at least in Texas). A "voidable" marriage is one that has a legal impediment, that may be cured. Your case is one of these. Your wife cannot be married to two persons at the same time, this is a legal impediment - once the divorce was granted, the impediment was removed. Once removed, the current marriage is considered valid. You do not need to do anything. Remaining "married" after the impediment was removed cured the issue. If you want to make the marriage null, that will depend on facts you have not provided. However, if your goal is to make the marriage valid, just stay married in your mind and heart, the law has caught up.
Answer Applies to: Texas
Replied: 6/13/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
Yes. Bigamy would render the marriage void.
Answer Applies to: Minnesota
Replied: 6/10/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    Yes, your marriage is void.
    Answer Applies to: Arizona
    Replied: 6/10/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If your Wife was still legally married at the time of your marriage, then your marriage is void from its inception and you are not legally married. If she is now divorced, the only way to correct the situation and make the marriage legal would be to get married again.
    Answer Applies to: Florida
    Replied: 6/10/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Usually, it would be up to you to argue that the marriage is void. If you do not raise the issue, it is not really an issue. I know some individuals in your situation would go and get remarried again just to make it stick i.e. they go to Vegas and get remarried.
    Answer Applies to: California
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes, in Utah, you need to do an annulment.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    The marriage is void. You would have to get remarried.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It's hard to tell by your question if you want to terminate your marriage. If so, then yes, based on the limited facts you stated, you could likely get it annulled due to bigamy. If you don't want to be divorced, and you have a marriage certificate from a solemnized marriage, then who is to know that there is a problem? I.e., if you want to stay married, why upset the apple cart.
    Answer Applies to: California
    Replied: 6/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Probably void, but you can just remarry now that the divorce is final. Have her divorce lawyer review it for you. It may be that it is voidable instead of void which would require a proceeding to establish if it was void. Stay well.
    Answer Applies to: Alabama
    Replied: 6/9/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Oh, I'm so sorry. This is an "interesting" question. It's not a good thing when a lawyer says a matter is "interesting." Washington Practice, which is a book that summarizes the law,tells me that a statute says you were not eligible to be married but it doesn't say what the consequence is of your wife committing bigamy, which I suppose is probably a crime but I'm not a criminal attorney. Some case law says your marriage is not void but "void ab initio" which is latin for void from the beginning because it violates public policy or law.. Basically someone could try to show your marriage is void by proving the first marriage was still in place. I suppose the safest thing is to get married again now that your wife is divorced so you would have a real marriage. There are some serious consequences to not being safely married but thinking your are. Are your tax returns fraudulent? Can you testify against each other or not (spouses sometimes can't), etc.It's June, time for a wedding!
    Answer Applies to: Washington
    Replied: 6/9/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, it is void ab initio, which means it never happened because she was legally unable to be married due to the fact that she was already still married. There is no way to "fix" the certificate, but you can do it again in the clerk's office if you wish or find a local minister and do it again. Good luck.
    Answer Applies to: New York
    Replied: 6/9/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    If your facts are correct, your marriage is void ab initio; void from the beginning. You are not married.
    Answer Applies to: Oregon
    Replied: 6/9/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    If challenged in court, your marriage would be found to be void. But that would not necessarily relieve you of child and spousal support duties or from a fair division of property. Please see a domestic relations counsel to discuss ways to rectify the situation.
    Answer Applies to: Ohio
    Replied: 6/9/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Under Georgia law, your marriage would be void because you can't legally be married to two people at the same time. Unfortunately only way to remedy this is to remarry your wife.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You are not legally married in most states (you failed to tell us what state you live in). In fact, you and your "wife" are criminals and could be jailed for bigamy. See a lawyer. And you likely have to remarry (you may also need to first do an annulment).
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It is void as a bigamous marriage. You should annul the current marriage and, if it is your desire to marry, obtain a new marriage license and get married again. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/9/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Your marriage is at least potential invalid if your wife was married at the time. I do not know of a way to fix the marriage certificate. It may be possible to remarry. I would suggest consulting with any attorney in your area for more specific information on this issue.
    Answer Applies to: Washington
    Replied: 6/9/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes, if one party is still married to someone else the marriage is prohibited and therefore void. Strictly speaking it is only "voidable" because you probably need to get a judicial declaration of invalidity to protect yourself. If the purpose of you question is based on wanting to keep the current relationship intact as a marriage, you should simply go and get married again.
    Answer Applies to: Colorado
    Replied: 6/9/2011
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