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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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Want to file for divorce, but just found out that husband was

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Want to file for divorce, but just found out that husband was never divorced from his prior wife before our marriage and my own divorce from prior husbanc wasnt final until 6 months after marrying - do I need to file for divorce? Or was our marriage never legal in the first place? No children no assets
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

Based on your post, your marriage was not legal. However, you do need to go ahead and file to have the marriage voided by the court so there is never any question. However, if you have been "married" less than five years it is probably going to be quicker and easier to get a summary dissolution, especially with the financial problems in the CA courts. Here is that information.

http://www.courts.ca.gov/documents/fl810.pdf

then you really don't have to get into who married who when.
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Customer: replied 5 years ago.

Would rather do an annulment - according to the county website the marriage was never legally valid and that would qualify for an annulment. Your thoughts?

Expert:  lwpat replied 5 years ago.
I would agree which is the same as having the marriage voided. However, that may take longer than the divorce. The choice is yours since the effect is basically the same. The reason I suggested the summary dissolution is that no court hearing is necessary if you both agree.

here is the information and the forms for annulment

http://www.courts.ca.gov/1037.htm
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