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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31593
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello...I have a question I need validation on. > I have a

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Hello...I have a question I need validation on. > I have a friend that met someone a 1 1/2 ago, fell in-love and they decided to get married in the state of Virginia. About four months later, she found out he was never divorced from his first wife. According to VA Code § 18.2-362 this is bigamy and further VA Code § 20-38.1 prohibits these type marriages and VA Code § 20-43 makes the marriage null and void without any type of degree being needed. Am I correct in telling her she can go ahead and move forward with her life (she does not cohabit with him or contact him or live in the Virginia anymore) without filling for divorce so as if she wanted to get married again, this would "not" be an issue because 1. it's prohibited and 2. the state does not recognize the marriage anyways? Thank you so much for your time

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Kirk Adams :

As you know, Va. Code § 20-43 says "All marriages which are prohibited by law on account of either of the parties having a former wife or husband then living shall be absolutely void, without any decree of divorce, or other legal process."

Kirk Adams :

Thus, under this law, there's no need to file for divorce because the marriage was never legal in the first place.

Kirk Adams :

Thus, I think you're right in your review of the law on this issue.

Customer:

Thank you very much Kirk ... I just wanted to be sure because this has been a troubling issue that she would like to be completed with and have closure on. There is nothing she wants from this other than her ability to move on.

Kirk Adams :

Understood.

Kirk Adams :

BECAUSE the marriage is void, there's no requirement to file for divorce because the marriage is legally non-existent.

Customer:

Again, thank you for your assistance and have a wonderful weekend, she'll be pleased with the news.

Kirk Adams :

Glad to help. Please let me know if you need anything further.

Customer:

Will do!

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