If you marry in Texas, separate and later find that your spouse was married in another state and never divorced, is your marriage legal. or is it null and void? Do you have to go through the courts to be legally divorced?
2007-01-03 16:04:58 · 24 answers · asked by Kay Kay 1 in Family & Relationships ➔ Marriage & Divorce
That makes him a bigamist in any state and your marriage is not valid in any state. Sorry :-(
2007-01-03 16:06:38 · answer #1 · answered by DivaDynamite 3 · 0⤊ 0⤋
It is null and void, because the spouse wasn't legally divorced in the other state. So it's like you were never married. Sorry that you are going through this.
2007-01-03 16:22:02 · answer #2 · answered by choco-vanilla 3 · 0⤊ 0⤋
Under Texas law, This scenario creates a void marriage pursuant to §6.202 of the Family Code. Parties in a putative marriage have two choices:
File suit to declare their marriage void and end it all, or
Clear up the impediment to their marriage by getting a divorce in the prior marriage or otherwise fixing the problem that caused the putative marriage in the first place.
2007-01-03 16:07:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes your marriage is null and void. The only thing you might have to do is talk to an attorney to see if you need to go through the court system or will the proof alone be enough for the judge to rule it null and void.
2007-01-03 16:08:26 · answer #4 · answered by BabyGirl 3 · 0⤊ 0⤋
No, the marriage is null and void. Make sure you have the proof should you have to go through the legal process.
2007-01-03 16:07:57 · answer #5 · answered by angie20k 4 · 0⤊ 0⤋
If you live in Texas as I do,yes your marriage is not legal.If he has married someone in another state,and never got divorced thats bigomy...Its against the law and if he was turned in he would be considered a bigomist......yes you have to get a divorce,before the current marriage is legal...
2007-01-03 16:10:38 · answer #6 · answered by slickcut 5 · 0⤊ 0⤋
I would think that if you proved that he or she was married from another state during the time, they were married and divorced in Texas, it would make it as if that marriage never happened.
2007-01-03 16:08:01 · answer #7 · answered by Casey 3 · 0⤊ 0⤋
I saw something on T.V. about this tonight actually. I'm not sure if it's the same in all cases but these individuals had to have the marriage annulled when they realized that the wife's divorce wasn't finalized with hubby number 1.
2007-01-03 16:07:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
All states recognize marriages made in a different state. Your spouse needs to be divorced or be guilty of bigamy.
2007-01-03 16:07:14 · answer #9 · answered by m. b 3 · 0⤊ 0⤋
The 2nd marriage would be as if it did not exist because there was no legal basis for it. It wasn't legal. Besides would you WANT to be married to a person who was going to be residing in a federal prison?
2007-01-03 17:26:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋
your marriage is void and if you do have to go through any court hearings it would only be a formality I think, but I would contact the local police department and let them know so that some future woman is spared. That is called bigomy and is totally illegal!!
2007-01-03 16:25:42 · answer #11 · answered by Al B 7 · 0⤊ 0⤋