Legal Question in Family Law in Texas
Ending a Questionable Marriage
My sister married a man two years ago, in Texas. She recently found out he is still married to his previous wife. They never filed for a divorce or annullment. My sister has the marriage license from the previous marriage. My sister is a resident of Texas, as is he. What does she do to nullify her marriage now? Can she just walk out and declare it ended? Or does she need to file something?
2 Answers from Attorneys
Re: Ending a Questionable Marriage
The marriage is voidable, not necessarily void. It's a legal technicality meaning that if the husband were to become divorced from the 1st wife, then the 2nd marriage could be legal. Thus, she needs to file for divorce from this husband. If there is sufficient assets and property she should seek a greater share for his wilful conduct.
Re: Ending a Questionable Marriage
Your sister needs to file a divorce action. Although this can be done by the individual if he/she knows the process, if there are property issues, debt issues, etc., she should consult an attorney to handle this matter.
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