Legal Question in Family Law in New York
Am I legally married?
I found out that my husband lied on his application for our marriage license... he stated that he was never married before, and I now find out that he was in the state of California... he has no proof of divorce, but says he has one... Are we legally married since he lied and swore before the clerk that the answers given were truthful? Am wondering if it is better to file for divorce or have the marriage annulled if that is the case?
1 Answer from Attorneys
Re: Am I legally married?
If your "husband" was legally married and does not have proof of his divorce, then he still may be married to another, (not you). In which case your "marriage" to your supposed husband would be invalid,, void or voidable. And, you may not require a "Divorce" per se, but a Declaration of your status and whatever rights, or priveleges that may attach.
Therefore, you need to confirm the existence of your "husband's marriage and his divorce, via government certified documents, before you can decide (with your attorney) how you should proceed.
Do not speculate further, get confirmation of your "husband's" actual marital status, at and immediately subsequent to your "marriage" to him.
Good luck,
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