Legal Question in Family Law in Virginia

Family Law question - I originally got married when i was 16. I lied and said I was 21 and we obtained a marriage certificate and then had a ceremony and filed it with the courthouse. We both knew I was 16 but my parents would not consent. I never dissolved this marriage although by Virginia law it is "void" and could have been annulled. Four years later, I got married to my current husband. At the time i had a child. On my child's birth certificate, no father was ever listed. At the insistence of my husband, I finally went to Vital Records and updated his birth certificate to list HIM as the child's father (even though he was not) and he signed an acknowledgment of paternity at the time.

So my question are these- can I divorce my husband or should I get an annulment? Is he my son's legal father or is that his biological father or my first husband? Am I still married to my first husband? Should I get an annulment from HIM and to resolve the impediment to my current marriage? Can I even get an annulment from either of them because more than two years has past? Will I be prosecuted for bigamy?


Asked on 11/18/09, 12:13 pm

1 Answer from Attorneys

sheryl shane sheryl shane, attorney at law

You need to hire an attorney. There are too many issues to give a free consultation over

the internet.

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Answered on 11/23/09, 2:07 pm


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