If my husband did not get divorced from his first wife, is our marriage legal?
My husband married me and was still married to his children's mother. He had filed for divorce from her about 6 months before we wed. When we returned he cancelled his divorce from her. We have since seperated but now he has filed divorce from her again. Am I free to marry again or will his divorce from her make our marriage valid? I also would like to know if I can continue using his last name, I have been for the last year. Isn't there a law against being married to 2 people at the same time.
That's correct--it is against the law to be married to two people at the same time. The second marriage is not and cannot be valid, because the bigamist was not legal eligible to become married to a 2nd person while still married to the first. That means that that your first marriage was, legally, never valid--i.e. you were never married. The fact that the bigamist then divorced or is divorcing his wife does not make your "marriage" valid.
You can marry someone else if you like; or you can marry this gentleman AFTER his divorce is final. Probably you cannot legally use his name--while anyone can change their name to anything, the way to do a "regular" name change is different from how you do it when you marry, so you probably did not make the change the proper way.
Yes, there is a law against being married to two people at the same time; it is called polygamy. In Oklahoma, any unmarried person is free to marry; otherwise they cannot and any subsequent marriage is considered null and void. You are not married. Your marriage license was not valid because of one of the provisions involves whether both parties or one party is disqualified from entering into the marriage contract. Your husband could not enter into the marriage contract with you because he was still legally married to someone else.
According to Oklahoma Code 21-883, any person guilty of bigamy shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five years. Bigamy is defined as every person who having been married to another who remains living, marries any other person except in certain situations, like abandonment for five or more years. Further, any person who knowingly marries the spouse of another could be also guilty of a felony.