Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
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."
Thus, under this law, there's no need to file for divorce because the marriage was never legal in the first place.
Thus, I think you're right in your review of the law on this issue.
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.
BECAUSE the marriage is void, there's no requirement to file for divorce because the marriage is legally non-existent.
Again, thank you for your assistance and have a wonderful weekend, she'll be pleased with the news.
Glad to help. Please let me know if you need anything further.