Legal Question in Family Law in Alabama
My husband married me believing he was divorced for over a year as he and his Xwife had gone to court and obtained a divorce settlement agreed upon by them both. He then left the state and she was to finalize divorce. We met 8 months later and lived together a year then we married. We lived together 9 years until his death... then his son informed me I was not legally married to his father as his xwife didn't finalized the marriage till after our marriage. We have a son and please tell me my marriage was not invalid, we did not know. In Al. is my marriage legal? Or is there a way I can make it legal?
1 Answer from Attorneys
In Alabama, if the divorce was finalized after your marriage, the marriage with you is recognized as legal, so long as the divorce was finalized before his death. Alabama law does not believe in "bastardizing" a child. Therefore, if you were under the assumption that your marriage was valid, and had just cause to believe so, once the divorce was final, your marriage became valid.
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