What can I do if they person I just married was already married and never divorced?

Full question:

My question is I have married someone who is already married, I just found this out. What can I do legally. We are both on a lease and he holds property of mine.

  • Category: Marriage
  • Date:
  • State: Indiana

Answer:

The following is a statute:

IC 31-11-1-3 Two (2) individuals may not marry each other if either....

Two (2) individuals may not marry each other if either individual has a
husband or wife who is alive.

IC 31-11-8-1 A marriage that is solemnized in Indiana and is void under....

A marriage that is solemnized in Indiana and is void under section 2, 3,
or 5 of this chapter is void without any legal proceedings.

IC 31-11-8-2 A marriage is void if either party to the marriage had a....

A marriage is void if either party to the marriage had a wife or husband
who was living when the marriage was solemnized.

IC 31-13-1-2 If:

If:

(1) a marriage is void because either of the parties to the marriage has
a living husband or wife; and

(2) either of the parties to the marriage did not reasonably believe that
either of the parties had a living husband or wife;
the children of the marriage shall be treated as if the children are
children of a marriage that is not void if the children were conceived
before the discovery that a party to the marriage had a living husband or
wife.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If you marry someone who is already married, that marriage is considered void in Indiana (IC 31-11-1-3). This means you are not legally recognized as married, regardless of your knowledge of their marital status at the time of marriage. Any children born during this relationship are considered legitimate (IC 31-13-1-2).