What recourse do I have if my husband is still married to a previous wife? 3 Answers as of July 18, 2011

I just found out my husband may still be married. Before we married he told me he got an annulment in California. What recourse do I have?

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Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
Generally speaking, if a spouse was not divorce from a former spouse, upon discovery of the marital status the new spouse has the option of annulling the marriage.
Answer Applies to: California
Replied: 7/18/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You should ask your husband for proof of his Annulment, such as a Judgment, or a case number and court name and location, so that you can determine whether or not his prior marriage was annulled. If his prior marriage was never annulled or dissolved, your marriage to him is void. If you want out of your marriage, you can file to annul your marriage, because a person cannot be married to two people at the same time. If you want to stay with your husband, he should divorce his "wife" and then remarry you. You won't be entitled to derivative social security benefits based on your marriage to your husband, until 10 years after you validly marry him.
Answer Applies to: California
Replied: 7/18/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you find out he is still married to another person then you can ask that your marriage be annulled. OF course you will need to determine if in fact he is still married, because it is a crime to be married to two people at the same time.
Answer Applies to: California
Replied: 7/16/2011
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