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Can I invalidate my marriage if my husband is still married to someone else?

Can I invalidate my marriage if my husband is still married to someone else?

Q: What is the #1 thing that destroys marriages?

The primary factor that destroys marriages is often infidelity. When one partner is unfaithful, it can break trust and lead to significant emotional pain, making it difficult for the relationship to recover. Open communication and honesty are crucial to prevent such issues.

Q: What is the #1 reason married couples divorce?

The most common reason married couples divorce is a lack of communication. When partners do not share their thoughts and feelings, it can create misunderstandings and conflict, ultimately leading to the breakdown of the marriage. Addressing issues early through open dialogue can help prevent divorce.

Q: What is the 777 rule for marriage?

The 777 rule for marriage suggests that couples should spend seven hours a week together, seven hours a week communicating, and have seven dates a year. This guideline aims to strengthen relationships by encouraging quality time and open communication, which are vital for a healthy marriage.

Q: What is a wife entitled to after 4 years of marriage in California?

In California, after four years of marriage, a wife may be entitled to various rights, including spousal support, property division, and potentially half of the community property acquired during the marriage. The specifics can vary based on circumstances, so consulting with a family law attorney is advisable.

Full question:

My husband and I got married 3 years ago, in California. Recently I could feel a change in him. Whenever I questioned him about this, he would either ignore or evade my question. Once while he was drunk, he confessed about his former wife who he had never divorced. I do not want to be married to my husband anymore. Can I invalidate my marriage?

Category: Divorce
Subcategory: Annulment
Date: 04/07/2025
State: California

Answer:

Yes, in California, a marriage can be invalidated if one party is already married to someone else at the time of the new marriage. This situation is known as bigamy. According to California Family Code §2201, a subsequent marriage is illegal and void unless the previous marriage has been dissolved or declared null before the new marriage.

Furthermore, under California Family Code §2210, a marriage is voidable if certain conditions existed at the time of the marriage. One of these conditions is if either party was still married to someone else, and that spouse was absent for five consecutive years or believed to be dead.

Since your husband has not divorced his former wife, your marriage may be considered voidable or even void. You can pursue legal action to have your marriage invalidated.

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

What is the number one thing that destroys a marriage?

The number one thing that often destroys a marriage is a lack of communication. When couples stop communicating effectively, misunderstandings can arise, leading to resentment and emotional distance. It's important for partners to express their feelings and concerns openly to maintain a healthy relationship.