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If I married a woman in 1992 in Idaho and never dissolved…

Customer Question
If I married a...

If I married a woman in 1992 in Idaho and never dissolved the marriage and remarried in 1994 to a different woman in washington state is the washington state marrage legal?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in ID family court?

No

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know how the state of washington recognizes the latter marraige

Submitted: 1 month ago.Category: Legal
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Answered in 1 minute by:
3/17/2018
Lawyer: Ray, Lawyer replied 1 month ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,363
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 1 month ago

The second marriage can be annulled if the second wife wants to do so since this is bigamy.For you to legalize marriage number 2 here you have to divorce wife one, and then annul second one and remarry again.I know its complicated but thats the only way its going to be legalized.

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Customer reply replied 1 month ago
does the second wife have any legal recourse against me if she wants a divorce
Lawyer: Ray, Lawyer replied 1 month ago

Washington state’s version of annulment is called a "declaration of invalidity." This article explains the declaration of invalidity, tells you how to get one, and describes the effects of a declaration of invalidity in Washington.

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If you have additional questions after reading this article, contact a Washington family law attorney for advice.

What is a Declaration of Invalidity?

Although both are used to end a marriage, a declaration of invalidity and divorce are different. A divorce ends a valid marriage, while a declaration of invalidity (just like its name hints) means a court has decided that there was never a valid marriage in the first place.

What are the Grounds for a Declaration of Invalidity?

You need a legal "ground" (reason) to have your marriage declared invalid in Washington. Washington recognizes the following seven grounds:

  • Underage – a spouse was too young to be married in Washington
  • Bigamy – a spouse has another living husband or wife
  • Incest – the spouses are related, closer than first cousins
  • Incompetence – a spouse was mentally unable to consent to the marriage; insane, intoxicated, or incapacitated
  • Duress – one spouse was coerced into getting married
  • Fraud – a spouse defrauded the other about something essential to the marriage, and
  • Force – one spouse got married only because of threats or physical force.

She can get an annulment here claiming bigamy.

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Lawyer: Ray, Lawyer replied 1 month ago

She can file for annulment here, it was bigamy and grounds for annulling the second marriage.

I appreciate the followup and chance to help you.I wish you the best here.

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Lawyer: Ray, Lawyer replied 1 month ago

That would leave you with just needing to divorce the first wife.

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