Legal Question in Medical Leave in Massachusetts

Voided Marriage

I understand that my marriage may be void. After I divorced my first husband in 9/1996 I thought that was it and remarried in 10/1996. I did not know at the time i had to wait 90days in Massachusetts. I remarried in NYC to my second husband and I did not have to show divorce papers. My second husband and I have been separated for a year now and I have met someone that I want to marry. Although I carry my husband's name I would like to know if I remarry how do I explain why I do not have my maiden name or 1st husband's last name. What should I do....??? Do I have to change my name?


Asked on 4/17/09, 11:02 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Voided Marriage

Changing one's name requires an action in probate and family court. The first marriage is voidable not void. To the extent that you stayed married after the 90 days, it is ok.

If you need help, contact me.

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Answered on 4/18/09, 10:58 am
Joseph Murray Joseph M. Murray, Esq.

Re: Voided Marriage

Retain an attorney to review this with you as the second marriage may have become valid after the impediment of the first marriage dissappeared when the divorce nisi became a divorce absolute. Good luck!

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Answered on 4/17/09, 11:25 am


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