Legal Question in Family Law in Pennsylvania

I married my husband in 1999. Had a daughter in 2000. Found out that my husband was not divorced, by accident, in 2001. I was at home with a premature child and did not know what to do. A lawyer told me that he was not sure if I wasn't still married. My question to you is am I married or not. If I am not, how can I get remarried if I already carry his last name and we have been filing taxes together since 2000? He had been separated from his prior wife for 9 years.


Asked on 10/17/09, 8:56 pm

2 Answers from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

I suggest you contact an attorney to review all the information. If the first marriage never ended in divorce, your marriage is probably not valid. You say prior wife so I assume the divorce was finalized after you married your husband.so the situation is somewhat unclear.

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Answered on 10/23/09, 8:55 am
John Davidson Law Office of John A. Davidson

The applicable statute is 23 Pa.CSA 1702. If your husband divorces his prior wife then your marriage will be valid as of the date of his divorce.

{John}

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Answered on 10/23/09, 9:31 am


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