Is my marriage voided
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is my marriage voided
The man I married filed divorce papers from his
first wife but was never filed in court. We
married not knowing the divorce never happened.
Is my marriage valid? What needs to happen for
my marriage to be valid if it’s not?
North Carolina
Asked on May 27, 2018 under Family Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the papaers were not filed as they were suppossed to be, then the divorce was not finalized at the time that you and your "husband" were married. Accordingly, your marriage is null and void in the eyes of the law. In other words, it is as though it never happened. At this point, your husband will need to finalize his divorce and then you two will need to remarry.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the papaers were not filed as they were suppossed to be, then the divorce was not finalized at the time that you and your "husband" were married. Accordingly, your marriage is null and void in the eyes of the law. In other words, it is as though it never happened. At this point, your husband will need to finalize his divorce and then you two will need to remarry.
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 retain an attorney to represent you.