Legal Question in Family Law in New York

Annulment while I'm pregnant

My husband and I are currently expecting-I just found out that he never divorced his first wife when we got married abot 2 years ago. Does this mean we are not married?? Do I need to get an annullment?will this effect me from getting child support in the future? Please help!


Asked on 8/21/08, 11:33 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Annulment while I'm pregnant

You don't need to annul your marriage - legally, it does not exist, because, under New York law, if one party is still married to someone else, they can not actually enter into a second marriage. The second marriage is automatically void, without necessity of legal action.

The question of marriage, however, is irrelevant to the question of child support. If the person is the father, he is required to support his child.

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Answered on 8/21/08, 11:49 am


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