Legal Question in Family Law in California

I just found out that I am still married to my ex-husband and have since remarried. I thought the divorce was granted, but obviously not. Do I need to file for an annulment? If so, do I need to do this before or after I file the divorce papers to my ex-husband? I have only been remarried for a few months.


Asked on 11/09/10, 1:13 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If your first marriage is not terminated by judicial decree, then you are still married to your first husband and your second marriage is void on the grounds of bigamy.

You need to complete the divorce from your first husband, before remarrying. There is no requirement for you to annul your second marriage prior to completing your divorce from your first husband.

Once you are divorced, you may then lawfully remarry. If you are obsessive compulsive, you can have the second one annulled, or simply remarry once you are divorced from your first husband.

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Answered on 11/14/10, 6:17 pm

Mr. Roach is wrong. A bigamous marriage does not simply evaporate as if it never happened. You need to consult a Family Law attorney in your local area to get this straightened out.

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Answered on 11/15/10, 2:33 pm
Betty Freeman Law Offices of Betty w. Freeman

You are not legally married to your current partner. You are still married to your first partner. Can you locate the first partner? Can you get his cooperation to get the divorce? You may need to get divorced from the first partner by default and that means that you need to follow the legal rules closely. You should consult a licensed family law attorney in your county to help you with the process. Good luck.

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Answered on 11/16/10, 11:25 am


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