If a man marries a woman who turns out to be already married, is their marriage legal?
Question Details: The man and woman got married. Her husband then shows up. They were married 19 years before, but she never divorced, not had he. She says she just assumed he was gone for ever. Are the newly weds still legally married?
If someone remarries under the mistaken belief that they are divorced, it makes no difference. The marriage is void as a matter of law. In other words, legally it is as if it never took place. The still married spouse will need to obtain a divorce and only then are they free to remarry. If they do not want to get remarried, then there is nothing to do as no divorce is required (although filing for an anullment would be advised so as to clear up any legal confusion).
If someone remarries under the mistaken belief that they are divorced, it makes no difference. The marriage is void as a matter of law. In other words, legally it is as if it never took place. The still married spouse will need to obtain a divorce and only then are they free to remarry. If they do not want to get remarried, then there is nothing to do as no divorce is required (although filing for an anullment would be advised so as to clear up any legal confusion).
Rate This Answer: (1 Rating)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.
(1 Rating)