How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102357
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Complicated situation in California - married my husband in

Customer Question

Complicated situation in California - married my husband in 2009. He had filed for divorce from his previous wife a few years earlier however the petition filed said divorce but during the decree the clerk checked separation. I found this out later and it was fixed by our then attorney. would we have to get remarried for our marriage to be valid? we have been living together since 2005 and filing taxes together since 2009.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. if he was still married when the two of you married, then the marriage you entered into with him was void ab initio (meaning void from the beginning) since he was still married. In other words, it is not valid. But then he finalized his divorce. The question becomes - does finalizing the divorce "rehabilitate" the second marriage and does it become valid? California is not clear on this issue. Very few states actually have clear law that states that the second marriage is rehabilitated once the first marriage is finalized. I do not believe CA is one of these states. Ergo, someone in your situation will likely have to be (RE)MARRIED (AGAIN) to be formally married, since the first marriage was void ab initio. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!