Legal Question in Family Law in Texas

My husband was married when we got married, we thought he obtained an annulment 5 years ago, but he found out he didn't get one, now the wife wants to threaten him with jail for bigamy, my question is: if I file for annulment on grounds that he was married when we got married would that take the threat away?


Asked on 8/23/09, 7:17 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

This is a complex situation. Your husband needs to hire an attorney.

I don't understand how he thought he had obtained an annullment.

He needs to end the prior marriage. This can be done by divorce or annullment.

Once that happens, your marriage to him will take effect. provided you are living together as husband and wife. If you want to avoid problems with being maried before his divorce is final you can simply marry again.

The prior wife cannot put him in jail for bigamy. The state will have to file charges against him and prosecute.. She can file a complaint that may trigger a prosecution.

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Answered on 8/24/09, 1:03 am


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