Annulment possibility

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Annulment possibility

Void marriage is allowed if spouse was previously married and that marriage was never ended before the new marriage started. Can that previous marriage be a marriage that happened but its paperwork never went through legal system? He never completed the marriage registration. Does that count as marriage? And annulment be done?

Asked on February 3, 2017 under Family Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I'm not exactly sure what you mean by the "paperwork never went through the legal system". However, in the event that a person was already married at the time that they "re-married", then the second marriage is null and void. That means that in the eyes of the law it never happened. Accordingly, why no divorce is needed nanullment might be a good idea since it will clear up any ourstanding legal issues.


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