Legal Question in Family Law in Tennessee

''Am I married?''

My son(25 years old) married a woman (28 years old) on Jan. 2, 2001 in Nashville, Tennessee. It turns out she was still married to someone else. She thought she had an annullment 5 years earlier. Are they legally married, is it Bigomy, or can my son get out of the marriage?


Asked on 2/21/01, 11:47 am

2 Answers from Attorneys

Dorene Philpot Philpot Law Office

Re: ''Am I married?''

If she was still married, then the marriage to your son is not valid (void). He wouldn't have to go through a divorce. He's simply not married to her. If he wants to make sure that there are no future entanglements/repercussions, though, he can go through the annulment process.

If he wants to stay with her, then she needs to finish up the first marriage and THEN they can be married legally.

He's not in trouble if he didn't know about her previous marriage. She could be, though.

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Answered on 4/04/01, 9:29 am
Gregory Smith Law Office of Gregory D. Smith

Re: ''Am I married?''

Your son is probably not married. I handled a case before the Tennessee Court of Appeals on this subject recently called Arms v. Stanton. You may wish to look it up. The Court's web-page is http://www.tsc.state.tn.us/ and then go to opinions fro the last quatrer of 2000 and check it out. For more info, see www.gsmithlawfirm.com .

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Answered on 4/04/01, 11:47 am


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