Legal Question in Family Law in Virginia

Re: Annulment Mess

You have asked if the annulment your second husband obtained was legal. That depends. If your second husband was aware when he married you that you were not yet divorced from your first husband, the time for the annulment would have been then. If he did not realize until 8 1/2 years later that you had not been divorced at the time of the marriage, then the time to bring an annulment proceeding was at the time that he realized that the marriage was not valid. In any case, the marriage was void ab initio since you did not have the legal right to enter into a valid marriage when you were already married. If you had legal counsel when you obtained your divorce from your first husband, your counsel should have explained to you that you were not yet divorced at the time the commissioner's hearing was held. To be divorced, a final decree must be entered by a judge of a court of competent jurisdiction. Until that final decree is entered, the divorce is not final.