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Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 31405
Experience:  30 plus years of experience.
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I found out that I am still married to my previous wife and

Customer Question

I found out that I am still married to my previous wife and I am currently married now in the state of virginia
JA: Has anything been filed or reported?
Customer: I got the marriage license last week to my fiance
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Virginia
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all
Submitted: 5 months ago.
Category: Family Law
Expert:  Loren replied 5 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Customer: replied 5 months ago.
Hello I found out I'm still married and I'm currently married to my fiance. I'm in the state of virginia is there anything I can do?
Expert:  Loren replied 5 months ago.

You need to complete the divorce process from your first wife if she is still living. A bigamous marriage is void from the outset. In other words, you are not in a legally enforceable marriage.

Additionally, bigamy is a crime. If she knowingly committed this crime for which you could be criminally prosecuted.

Customer: replied 5 months ago.
I didn't know
Expert:  Loren replied 5 months ago.

That is ok. You just need to complete the divorce process and remarry you current wife when the divorce is over.

Expert:  Loren replied 5 months ago.

If it was accidental then it is unlikely you would ever be prosecuted criminally.

Customer: replied 5 months ago.
I would have to go to the courthouse again to remarry her?
Customer: replied 5 months ago.
Wouldn't that bring up problems that I was married to the first wife?
Expert:  Loren replied 5 months ago.

Yes, after the divorce from the first wife you would remarry the current. The license for your current marriage is void, as it is bigamous.

Customer: replied 5 months ago.
When I go to the courthouse will the price cute me there?
Expert:  Loren replied 5 months ago.

No, just take out a licensee and it should be fine. This sometimes happens by mistake. They will not prosecute you unless there was some sort of fraud perpetrated. If it was just a mistake or misunderstanding then you should be fine.

Expert:  Loren replied 5 months ago.

Just take steps to correct the problem and diligently pursue it to completion.

Customer: replied 5 months ago.
Ok, I also have a question because I'm still married,my fiances immigration application is slated to go through, what do I do about that?
Expert:  Loren replied 5 months ago.

You can not represent yourself as legally married. That will need to put on hold until the divorce is completed. You can be a fiance while married, just not a spouse.

Customer: replied 5 months ago.
How long will an uncontested marriage take in the state if virginia?
Expert:  Loren replied 5 months ago.

How long the court will take to sign your divorce will simply depend on the judge’s schedule; however if your spouse accepts service and waives answering the divorce complaint, your divorce could be handled very quickly. The date the judge signs the Decree of Divorce is when your divorce becomes final.

Customer: replied 5 months ago.
Ok in the meantime, how would this situation would be found out by the state?
Expert:  Loren replied 5 months ago.

It will not unless someone is actively looking.

Expert:  Loren replied 5 months ago.

Usually, it happens in the course of a divorce or probate that it is discovered.

Expert:  Loren replied 5 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

Expert:  Loren replied 5 months ago.

Did you have further questions before you rate my service to you.

Customer: replied 5 months ago.
Hello I do,if the process of divorce is going on now, will the court serve me because I'm still married?
Expert:  Loren replied 5 months ago.

No, you should not be criminally charged. Nor would family court handle a criminal matter.

Expert:  Loren replied 5 months ago.

It is rarely prosecuted criminally if there was not fraud involved.

It need not even be brought up in the uncontested divorce action

Expert:  Loren replied 5 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 5 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

Expert:  Loren replied 5 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!