Legal Question in Family Law in New York

Re: is this marriage legal

In a word, no.

You can only be married to one person at a time here in NY and if your intended was legally married to someone else at the time you attempted to marry him, your marriage to him is void. It's as if you and he never married.

914-668-6622

Re: is this marriage legal

Even if your marriage is Void, you still may need to file a complaint to have the Court declare that the marriage is Void, based upon the preexisting marriage of your "spouse."

If you lived with him, as "his wife" after he obtained his divorce, you may in some states, be found to have ratified your otherwise Void marriage.

Tis better to be safe than sorry.....tie up the loose ends. Have the Court enter an Order clarifying marriage is/was Void.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

Re: is this marriage legal

This must be a difficult situation for you. Was the failure to properly divorce an error or intentional? The answer is relevent mostly for your own peace of mind.

The answer to your question is simple: no. A person can only be married to one person at a time. However, if he obtained a valid divorce after marrying you and you continued to live with him as man and wife there may be some problems.

A divorce can be very simple. For this type of uncontested divorce my own fee is $250.00. The court fees are an additional expense, but they are small.

Do you know how to find your one-time spouse? If not, this is a very minor complication. he can be served pursuant to a court order, by 'publication'.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, New York, NY. Please call for an appointment first; (646)- 591-5786