Legal Question in Family Law in New York

Almost a year after getting married, my husband and I found out that his divorce from his first wife wasn't finalized and our marriage was void. After he finalized his divorce we attempted to make our marriage valid by remarrying. We were told by the county clerk that we would have to get an annulment before we could be issued another marriage license. I am currently unemployed and can't afford an annulment at the moment and am having issues obtaining benefits under him because we're not actually married and it's hard to get any on my own because (to some) I am still married. Is there anything I can get to show that my marriage is void until I go through the annulment process.


Asked on 7/27/10, 3:13 pm

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

Your marriage isn't void, it's voidable - and what you need is not an annulment, it's an order declaring the (second) marriage to have been void.

Frankly, the county clerk is giving you a bit of a hard time - and another solution would be to simply go to a different county and get a license.

The only issue that would arise is if you or your spouse ever attempts to get a divorce there would be an argument over the date on which you were actually married - which is why getting the declaration that the marriage was a nullity is a good idea.

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Answered on 8/01/10, 3:26 pm


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