Will we need a divorce or just an annulment if my husband wasn’t divorced when we married?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Will we need a divorce or just an annulment if my husband wasn’t divorced when we married?
My husband and I married 9 years ago. At the time we were under the impression that he was divorced from his first wife. However, that was not the case. Now he has since recently gained a divorce from her but we aren’t sure what we need to do to no longer be husband and wife. Will we need to file this as a regular divorce or can it just be annulled being that it technically and lawfully was never a legal marriage?
Asked on October 31, 2016 under Family Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Since your "husband" was not legally free to marry you, your "marriage" was null and void. That is, it is as if it never took place. Accordingly, there is no need for you to file for a divorce. That having been said, you should still file for an anullment, as this will clear up any legal entaglements created by your "marriage".
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.