Legal Question in Family Law in Florida

Married again before 1st marriage's divorce ended.

Me and my wife got married this February. She was supposed to be divorced in her country but we just found out that the divorce procedure never actually concluded, so she is still married there. Can I get an annulment because of this?, and if so, there will be a penalty for her for getting married while being married already?. I don't want her to go to jail or anything like that.


Asked on 7/11/08, 9:56 am

1 Answer from Attorneys

Re: Married again before 1st marriage's divorce ended.

It would be best to get it annulled as it appears that it was an honest mistake, although the prudent thing would have been to wait until she had the final papers in hand.

The annullment is due to the fact she never had the capacity to enter into the marriage contract with you.

The penalty would be a charge of bigamy, but I can't remember the last one filed in Florida.

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Answered on 7/14/08, 8:49 am


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