35 YEARS AGO, AS A SINGLE PERSON, I MARRIED MY PRESENT SPOUSE WHO WAS STILL MARRIED AT THE TIME DUE TO A DELAY FROM THE COURTS. THE MOTHER'S MAIDEN NAME WAS USED ON THE MARRIAGE CERTIFICATE RATHER THAN HER OWN. SHE WAS LEGALLY DIVORCED SEVERAL MONTHS LATER. SHE WAS NOT PREGNANT AT THE TIME OF THE DIVORCE. I HAVE BEEN INFORMED BY A LAW STUDENT THAT OUR MARRIAGE WAS ILLEGAL AND THEREFORE VOID IN THE EYES OF THE LAW. TO REMEDY THIS, ALL WE HAVE TO DO IS GET LEGALLY MARRIED USING MY SPOUSE'S CORRECT MAIDEN NAME. IS THAT CORRECT? HER SOCIAL SECURITY NUMBER HAS NEVER CHANGED.
Country relating to Question: United States
State (if USA): Missouri
Hello, I will be happy to assist you with your question. Please note that I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. After reviewing the answer, you will be prompted to rate my answer. Please DO NOT RATE MY ANSWER as "Helped a little" or "I expected more" (or the 2 stars on the left if you see stars), as such a rating leaves negative feedback for me personally. Instead, if you feel one of those ratings would be appropriate, please reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have, and I will be happy to continue further and do everything I can to provide you with the service you seek.Under Missouri law, a marriage entered into while one of the spouse’s is still married (such as in your case where the divorce decree had not yet been entered and the divorce was still not final) is void.Bigamous marriage void. 451.030. All marriages, where either of the parties has a former wife or husband living, shall be void, unless the former marriage shall have been dissolved. http://www.moga.mo.gov/statutes/C400-499/4510000030.HTMTo remedy the situation, you can just perform the marriage ceremony now that the divorce is final.As noted above, if you need clarification, please do let me know. And, again, please do not rate my answer until you are satisfied. Bonuses are always appreciated.If you later open a new question and would like my assistance, please begin the question with “To TMcJD….” This will ensure that only I answer the question. Thanks.
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