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.
1 Answer from Attorneys
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).