My friend just found out that her husband is still legally married to his ex-wife. Now she is wondering if she can get married to someone else or would she still have to divorce her husband? I don't know what to tell her as my areas of expertise are in medicine and finance unless it concerns medical ethics law. Please help!!
2006-09-11 08:12:09 · 26 answers · asked by Medical and Business Information 5 in Family & Relationships ➔ Marriage & Divorce
Your friend is not married then!!
Oh, she may have a marriage certificate, but, since the husband is still married to the "exwife", he never divorced and cant remarry.
He is a bigamist, or, maybe even a poligimast.
He is legally in trouble once its found out...
Get in touch with a lawyer PRONTO!! And find out her "rights", they will be slim and none!
I wish you well..
Jesse
2006-09-11 08:16:50 · answer #1 · answered by x 7 · 1⤊ 0⤋
Fortunately for her the marriage is null and void. Her marriage to her husband who has a pre existing marriage to someone else is not legal depending on the state that she lives in and where they got married. Let's say that his ex and him got married in Mexico and then he married your friend in the US then yes, their marriage is binding. But if both ceremonies were in the states and they were both legally done then she has no commitment to him because the second marriage is not technically legal. She will probably still have to go through a mock divorce through the court though. Have her call the Clerk of the Court in her county and talk to them about it...make sure that she has a copy of his marriage certificate to his first wife and the marriage cert from hers. Most likely she is free to marry someone else as soon as the computer is updated, but she will not be entitled to anything that he obtained during their "marriage."
2006-09-11 08:16:52 · answer #2 · answered by Natty137 3 · 2⤊ 0⤋
As far as specific marriage laws go, they depend on the state in which the marriage occurred and was registered with.
Bigamy is illegal in every state (I think). One of the assumptions of your question is that your friend's husband is still legally married to his ex-wife.
If that IS true, he cannot be legally married to your friend. And technically, she should be able to split from him without legal ramifications.
But she really needs to check and make sure that he is legally married to his "ex"-wife.
I've included one link involving a case in George where the marriage license was never sent in. Technically, the couple was not married, so it seems like they could split up... although someone suggested that depending on the clerk, perhaps they'd still "count" it as official.
She really needs to talk to a real lawyer in her state, to make sure she doesn't botch something up big-time.
2006-09-11 08:22:41 · answer #3 · answered by Jennywocky 6 · 1⤊ 0⤋
Since the first marriage is still on the books, the second one is null and void. She may need to get some official documentation so she can straighten out banking records/tax records and the like. Also what is her intention with her "husband" could lead to what else they can do. he can file for divorce from his ex and then re marry your friend. . . All depends on what they want to do.
2006-09-11 08:17:33 · answer #4 · answered by g m 2 · 0⤊ 0⤋
If he was already married when they got married, then her married "didn't take," so to speak. So she can marry someone else. But there may be some other things she may want to take advantage of like maybe some purchases they made as a married couple or even pressing charges.
2006-09-11 08:24:26 · answer #5 · answered by SAN P 2 · 1⤊ 0⤋
Legally she isn't married to him and waht he has done by being married to two women in some states is against the law..She needs a lawyer to find out her rights..He should have known this and he probably did..
2006-09-11 08:17:17 · answer #6 · answered by Just Dreamin' 4 · 1⤊ 0⤋
how did no one notice that he was still married? that's a big no-no on his part.... should be that the wedding is null and void, BUT I'm sure they had to apply for a marriage license and it's registered somewhere that they're a couple. I'd tell her to consult with an attorney and find out her options
2006-09-11 08:20:42 · answer #7 · answered by rachael 3 · 1⤊ 0⤋
If her husband was still married when she married him, then their marriage wasn't legal. She can do what she wants. She was never married in the first place.
2006-09-11 08:15:21 · answer #8 · answered by spidermonkeyfingers 4 · 2⤊ 0⤋
If he was still married to someone else when he "married" her, then I don't think their marriage was ever "real"!! I don't think she'll have to divorce, because the marriage legally did not exist... I think she can actually press charges on him.
2006-09-11 08:32:17 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Your friend isnt legally married if her husband is still married to his first wife.
2006-09-11 08:13:39 · answer #10 · answered by shirley e 7 · 2⤊ 0⤋