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Alex Esquire
Alex Esquire, Attorney
Category: Business Law
Satisfied Customers: 12901
Experience:  Experienced Licensed Attorney
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Are we even technically married? My Wife and I got married

Customer Question

Are we even technically married?
My Wife and I got married in June of 2010 in the state of Connecticut. We currently live in Hawaii. My wife was in the process of getting a divorce at the time from her previous husband who had been MIA for two years. They were married in the state of New York. Because she had signed all the papers, we were under the impression that she was legally divorced until we got the notice six months later and we had gotten married in the interim. What do we do? We want to make sure we are married legally and that everything is legitimate. What is the process and/or what do we need to do to fix this situation? We did not enter into our marriage deceitfully just misinformed.
Submitted: 1 year ago.
Category: Business Law
Expert:  Alex Esquire replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your unfortunate situation.

Is your wife legally divorced and did the court issue a divorce decree related to her previous marriage?
Customer: replied 1 year ago.

yes

Expert:  Alex Esquire replied 1 year ago.
Dear Raymon,

If your "wife" was not divorced at the time you got married to her, such marriage would be void and you would not be considered legally married at this time.

Generally the easiest thing to do is to simply get married now, since your wife is legally divorced at this point.

I wish you the best of luck!
Customer: replied 1 year ago.

is there any possibility that we may face legal ramifications?


If we try to make it right by marrying, is it going to kick up our Connecticut marriage certificate? We want to change our oldest daughters name to the same as ours but it is asking for my wives divorce date and our marriage date which is conflicting, Would we require some form of document stating that the Connecticut license is void or is that just factual due to us marrying under such conditions?


Also, my wife is in the military and we have been receiving married benefits (housing allowance, health insurance, etc.) since our date of marriage. When we re marry she will need to turn in our new marriage certificate how can we get some proof that our previous cert was void and that our new one is legitimate and that she is not a polygamist and that we were just dumb? This is why we are worried about legal ramifications.

Expert:  Alex Esquire replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

This situation does appear very serious, since you did receive benefits under this void marriage.

Can you tell me if your wife did disclose on her marriage license application that she was previously married and that she was legally divorced?

Did the clerk require copy of the divorce decree, if your wife did disclose previous marriage?
Customer: replied 1 year ago.

Hi, this is the wife, since it's easier to directly relate I'm taking over. I was previously married twice. My first marriage was annulled. My husband is the one in the military and I want straight answers so we can fix this so I am spilling the beans, When I met my current husband we could not find my ex and it was a two year battle trying to file for divorce. I did indeed think we were divorced when my recent and i got married but when he went to put us on as dependents they were asking for my divorce decree and that's when we realized something was wrong. Rather than regress we got scared and submitted my annulment papers from my previous marriage since we were had already started the process within the military and were scared at that point they would kick him out if they found out I was still legally married.We are tired of living with a sense of panic and now we want to fix everything and don't know which way to start. I don't want my husband to lose his job and honestly we were not trying to be deceitful we were just quite stupid.

Customer: replied 1 year ago.

At the clerks office I submitted my annulment papers and they receieved such copy, not for the divorce

Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.

I am very sorry to hear about your difficult situation.

Did you list both marriages on your application for your third marriage license to your current husband?
Customer: replied 1 year ago.

No. Only the annulment.

Expert:  Alex Esquire replied 1 year ago.
Thank you for your follow up.

Unfortunately, this is an extremely serious situation and unfortunately, such intentional misrepresentations can cause both you and your husband very serious legal issues, which can include civil and criminal liability.

I would strongly suggest that at this point you do consult with a local criminal law attorney and this attorney can review all the documents related to your situation and upon full review of your complex legal situation would be able to provide you with legal advise as to whether your situation can be somehow resolved without serious criminal consequences for both you and your wife.

You can find local criminal law attorney by using these well trusted and reliable attorney information / referral websites:

www.martindale.com
www.lexmundi.com
www.lawyers.com
www.justia.com

Once again I am sorry about your diffcult situation and I wish both of you best of luck!
Customer: replied 1 year ago.

Thanks for your advice.

Expert:  Alex Esquire replied 1 year ago.

Thank you and please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex Esquire, Attorney
Category: Business Law
Satisfied Customers: 12901
Experience: Experienced Licensed Attorney
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