Legal Question in Family Law in Virginia

I have been married for almost 25 years. Two years into marriage I find out my ex-husband never finalized our divorce. We contacted attorney to legally file for divorce which was granted. Am I legally married to my second husband for 25 years due to that divorce proceeding from 1st husband or do I need to remarry my second husband since divorce came two years after our marriage.

I know kind of complicated, appreciate help.

Asked on 4/18/13, 8:46 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

I am of the opinion that your second marriage under the facts described was in violation of Va. Code Sec. 20-38.1 (prohibited marriages) and therefore was

void or voidable since it was entered into and continues to be such

under Va. Code Sec. 20-39.

So, therefore, yes, you need to remarry your second husband to make

things legal under the Commonwealth's current marriage laws (in my further opinion).

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Answered on 4/21/13, 4:40 am

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