Full question:
I just got married and we just found out his divorced was not final. Is our marriage legal?
- Category: Marriage
- Date:
- State: Virginia
Answer:
Bigamy occurs when a person marries someone while still legally married to another. In this case, your second marriage is considered void and may be annulled, but the first marriage remains valid. If someone knowingly commits bigamy, it can be a crime, though prosecution is rare unless part of a fraudulent scheme.
A person charged with bigamy can defend themselves by showing they reasonably believed their prior marriage was void or dissolved. They must prove they made a good faith effort to confirm the status of their previous marriage.
In Virginia, if a married person marries another while their spouse is still alive, they can be charged with a Class 4 felony (Va. Code § 18.2-362).
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.