Legal Question in Family Law in Virginia

Tried to marry a girl already married

I met a girl in 1988 and married her in Virginia at a Justice of the Peace. I found out she was married to someone else afterwards. (She lied on the marriage certificate. She then got divorced from that person and we married again, this time in North Carolina, Elizabeth City. Afterwards I found out she was married to still yet 'another' person in Florida and had never divorced. (She lied on the marriage certificate again). Basically every time I tried to get married to her she was married to someone else. How does this affect me and are the marriages valid?

Problem #2

A few years later, I met a girl from Canada, and she wanted to come live with me in the US. She got stopped at the airport in Florida and told to return to Canada. I married her (as a business arrangement, I really did not want to do it) in Ft. Lauderdale, and she told them on the marriage certificate that it was her 1st marriage, when in fact it was her 2nd marriage, but she was however; divorced. Is this marriage valid? (I never consummated the relationship)(Also the INS said she could not get a green card because of this discrepancy, so does that mean the marriage is invalid?)

Thank you!


Asked on 2/20/04, 12:41 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Tried to marry a girl already married

With all your marryin', I'm surprised you aren't your own grandpa by now.

Whether the marriages are or are not valid depend on the laws of the various states involved and whether the marriages are viewed under that state's law as "void" (your marriage is viewed as if it never happened) or "voidable" (you or your "wife" has the right to go to court for an annulment). The courts would probably become involved only if there was a need to divide property or to decide child custody or inheritance issues. You might want to clear things up if you wanted to get married again (!) and you wanted to be able to tell your bride with certaintly that you are indeed unmarried. In my opinion, without knowing more, a mere mistake in filling out the marriage license form as to the number of times previously married should not invalidate the marriage assuming there are not other grounds (such as fraud) for annulling the marriage.

I would not brag to anybody about the bogus marriage you entered into, this might be viewed as immigration fraud and you could be prosecuted depending on how long ago this happened and whether the statute of limitations is up. You should see an attorney about possibly annulling or otherwise ending the marriage to the "girl" from Canada if that is what you want.

In the meantime, may I suggest you make a will so as to prevent your estate from being the subject of a cat fight between or among your various wives.

Read more
Answered on 2/21/04, 10:21 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia