The original marriage took place in Maryland and we will be getting married in North Carolina.He says that since she was already married that their marriage license became null and void. What she did was considered bigamy and I want to make sure it does not happen to him. Is it just that simple? Can he just walk away or does he have to file paperwork? Is there someone he can call to see if the marriage has been voided or if it is still on the books as a real marriage?
2007-08-23 11:15:55 · 13 answers · asked by pcsofhevn 1 in Politics & Government ➔ Law & Ethics
He needs to speak to a lawyer, and for just a consult like this one should either be free, or under $200. Which is worth it, to make sure if something were to happen, Wife #1 could not get any assets.
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2007-08-23 11:21:28 · answer #1 · answered by twowords 6 · 1⤊ 0⤋
If she was married to someone else at the time she married him, his marriage to her is technically void. He should contact the court where that marriage license was filed and have the marriage formally annulled. This may or may not be legally necessary, but it will save you headaches later. She could try to claim the marriage was legal and file for alimony, child support, and/or a share of his assets when he dies. It never hurts to have all the paperwork in order.
2007-08-23 12:26:33 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
I checked the marriage license laws in North Carolina and in Maryland and both states require that you have proof of divorce or death of the first spouse. So you either have to have the divorce decree or the death certificate with you when you apply for your license.
The second source states that in North Carolina it is a felony for a bigamist to marry another person so I would definitely contact a family lawyer in North Carolina before the ceremony. Good luck.
2007-08-23 11:43:18 · answer #3 · answered by theonlyanswer 5 · 1⤊ 0⤋
His original marriage should be null and void...as long as the local authorities were notified.
I would double check and make sure there aren't any nasty surprises waiting for you down the road.
I would call the county clerk's office where his marriage license was issued.
2007-08-23 11:24:41 · answer #4 · answered by gefyonx 4 · 1⤊ 0⤋
I'm guessing he has to get a divorce, or the marriage will still be on the books. You'd better call the courthouse there to find out for yourself (the whole thing sounds a little weird - are you sure you want to marry this guy?)
2007-08-23 11:21:28 · answer #5 · answered by Anonymous · 0⤊ 1⤋
get an attorney. If the marriage was voided, then there must be a document stating that. If he does not have it, you cannot marry him. So talk to the attorney.
2007-08-23 11:24:24 · answer #6 · answered by babigrl22 4 · 1⤊ 0⤋
Yes, he is free to marry you, since his first marriage was invalid. But it would still be good for him to get it officially straightened out before you marry, to make sure she can't access his credit or records or anything.
2007-08-23 11:25:11 · answer #7 · answered by teresathegreat 7 · 1⤊ 0⤋
Check this guy out first. He might be in it for your money! There are a lot of people who get hurt because they did not bother to find out the facts. Sweetheart do your homework!
2007-08-23 11:26:19 · answer #8 · answered by Rod B 2 · 1⤊ 0⤋
Contact the clerk in the MD. county he was married in. Don't take a chance. Check it out first.
2007-08-23 11:20:58 · answer #9 · answered by PATRICIA MS 6 · 1⤊ 0⤋
It's probably not illegal for you to get married. But have him file for an annullment anyway
2007-08-23 11:28:20 · answer #10 · answered by Anonymous · 1⤊ 0⤋