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My husband was married to another woman at the time of our…

Customer Question
My husband was married...

My husband was married to another woman at the time of our marriage. What paperwork I need to fill out to annul marriage.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Oregon

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We lived together for 11 years. Can he take half of my house if I void marriage?

Submitted: 8 months ago.Category: Family Law
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Answered in 1 minute by:
11/19/2017
Family Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,543
Experience: Attorney with 17 years experience
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Family Lawyer: Barrister, Lawyer replied 8 months ago

If he was married when you got married, then your marriage is "void ab initio", meaning void from the beginning.

Void marriages are invalid immediately and do not require a court order to be annulled. By contrast, annulment of a voidable marriage in Oregon requires a trial and hearing before a judge to prove the grounds for annulment.

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An annulment will require grounds to be proven in court. This will require paperwork to be filed with the court and a court hearing with evidence including documents and/or witnesses that the support a claim for annulment.

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So legally you don't have to do anything if he was married because if he never got divorced, then remarried you, you were never married to begin with...

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And no, if you were never legally married, then you are basically dating partners and he wouldnt' have any legal claim to your assets unless he contributed to paying for them and can prove it.

.

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thanks

Barrister

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Customer reply replied 8 months ago
Thank you so much.
Customer reply replied 8 months ago
I have one more question. Do I need to take my husbands / partner Divorce paper to Multnomah County licencing department to be recorded, to void marriage?
Family Lawyer: Barrister, Lawyer replied 8 months ago

You are very welcome. Happy to help any time.

.

Do I need to take my husbands / partner Divorce paper to Multnomah County licencing department to be recorded, to void marriage?

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No, your marriage was never valid in the first place... so it never needs to be voided... it never legally existed because he couldn't legally marry you in the first place if he was already married to someone else.

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If you wanted something official on paper saying that, you could get the other marriage certificate from the first marriage and any divorce decree if he eventually got legally divorced from the first wife and then have an attorney file a formal motion in the family court for an order from the judge declaring your marriage to be "void ab initio" if you really wanted to..

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But it isn't legally necessary since the marriage and marriage certificate you both entered into was never valid to begin with.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

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Family Lawyer: Barrister, Lawyer replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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