Am I legally married if my spouse was already married?

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 illegal to marry someone who is already married. This situation can be grounds for annulment, meaning the marriage can be declared void by the court. An annulment is a legal decree stating that a marriage was never valid, effectively nullifying it as if it never existed. Generally, the length of time married does not affect the ability to request an annulment. Simply regretting the marriage is not enough for an annulment.

Fraud or coercion is a valid reason for annulment if one party's consent to marriage was obtained through deceit or pressure, and if the parties have not lived together as husband and wife after discovering the fraud. Past cases of annulment based on fraud include situations where a prior marriage was undisclosed.

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.