Legal Question in Family Law in California

Marriage Legal

Married for over 20 years to 2nd husband. Two years after marrying 2nd husband, I found out that I my 1st husband and I were not officially divorced. We then filed for divorce. Is my 2nd marriage of 20 years invalid in any way?


Asked on 2/02/09, 12:33 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Marriage Legal

If you were still legally married to your first husband at the time that you married your second husband your second marriage is not valid. That does not mean that you lose all of your rights, but you should get a new license and marry the second husband, again, so that there are no problems. If at the time that you obtained the dissolution from your first husband you had the judge enter judgment nunc pro tunc (backdated the effective date) that would validate your first marriage. That may be still possible, but you would need to have your dissolution file in the first marriage reviewed by an attorney who would know how to do it. Again, it may not be possible. If not, make a celebration out of renewing your vows, I's sure you meant them the first time, the second time could be more meaningful. Good Luck, Pat McCrary

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Answered on 2/02/09, 6:24 pm


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