Can I Be Legally Married if My Spouse Was Already Married to Another?

Full question:

I married a man not knowing he was still married to his first wife are my legally married to this man?

  • Category: Marriage
  • Date:
  • State: Virginia

Answer:

Under Virginia law, it is forbidden to marry someone who is already married and this is a grounds for annulment of the marriage. A person cannot validly marry someone while already narried to another, and such a marriage can be declared void by the court.

An annulment is legal decree that states that a marriage was never valid. The legal effect of an annulment is to void the marriage as though it never existed. Generally, the length of time married is not a determining factor to request an annulment. Mere regret alone is generally insufficient grounds for an annulment. Laws vary by jurisdiction, so local laws should be consulted for requirements in your area. Some of the reasons for granting an annulment are:

FRAUD OR COERCION - The consent to marriage of one of the parties was obtained by coercion or fraud and the parties have not cohabitated (lived together as husband and wife) after learning of the fraud. Fraud or coercion by a party to the marriage is grounds for an annulment, but each case is determined by the specific facts involved.

Cases where annulments have been granted in the past based on fraud include, among others, an undisclosed prior marriage.

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

In most cases, you cannot finalize a divorce without notifying your spouse. Courts typically require that both parties are aware of the divorce proceedings. However, in certain situations, such as if you cannot locate your spouse, you may be able to pursue a divorce by publication, where the notice is published in a newspaper. It's important to consult with a legal professional to understand your options and the specific requirements in your state.