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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 165
Experience:  N/A
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I got married last year to a gentleman but recently found

Customer Question

I got married last year to a gentleman but recently found out that he was married to another person in another state since she has legally divorced him. How does that affect my marriage to him is my marriage legal.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 1 year ago.

Hello. I am an attorney with over 20 years of experience and I look forward to assisting you today. I would be happy to provide general information regarding your question. At the end of this discussion I am going to ask you to please rate me, since that is the only way I get credit for my time here today—this is at no extra cost to you.

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Expert:  Law Tutor, Esq. replied 1 year ago.

I am sorry that you have found yourself in this position. If your husband was still married to another person while he married you, then he is still married to the other person and your marriage is "void", meaning that the union is one that never existed in the eyes of the law. States have implemented laws against bigamy (which is what he has committed, albeit unknowingly to him) in order to protect marital property rights, such as holding real estate as tenants by the entirety and the like, and having a share in a spouse's estate. If you want your marriage to become a valid one, the best course of action at this point would be for him to obtain a final divorce from his first spouse and then to re-marry you. I know that this is probably not the news you were hoping to hear, but the positive thing here, is that this is fixable. He just needs to divorce the first spouse, they you would get a new marriage license and get married again. I hope this helps.

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Expert:  Law Tutor, Esq. replied 1 year ago.

Please note that if your husband's first spouse voluntarily deserted your husband and remained absent for the space of 3 years continuously, and then your husband married you not knowing his first wife to be living within that time, he may not be guilty of bigamy - see Florida statute 826.02(2). However, now that he knows she is alive, he would need to divorce her and re-marry you. I hope this clarifies things for you. Let me know if you need anything further.