Legal Question in Family Law in Alabama

Re: marriage/annulment

If you were still married to the first husband at the time that you married the second husband, then the second marriage ceremony was not valid because you cannot be married to two people at the same time. You do not need to get an annulment; the second marriage is void and does not need to be terminated because, as a legal matter, it does not exist.

That said, if you are living in Alabama as husband and wife, then you are probably satisfying the requirements for forming a common law marriage. You can learn more about that subject by reading this article: http://law.suite101.com/article.cfm/what_is_a_common_law_marriage

While you cannot form a common law marriage while married to your first husband, you could be considered to have a common law marriage to your second husband from the time the marriage to the first husband ended in a legal divorce.

You can choose to have a common law marriage in Alabama, or you could go through a legal marriage ceremony to remove any questions about your current marital status. However, an annulment is not necessary. Simply go to the courthouse and go through the usual process of getting married.

Good luck!