Accidental bigamy


#1

I married in 2011. We both signed the paperwork and thought it was finalized. He has since remarried and so have I. I have separated from my 2nd husband due to violence and his drug abuse. I am trying to get this married dissolved. I am in contact with my 1st husband and we have done the paperwork which will be filed the middle of next week. We are filing an uncontested divorce. I have read the information on the links you have concerning void marriages due to bigamy, and I still have a couple questions. Do I have to file an annulment or divorce from my 2nd marriage or is it automatically ended? I plan to remarry so does my 2nd husband. Before he or I marries someone else, do we need to have the marriage legally notified as never existed or is just considered to never exist without doing anything?


#2

One does not need an annulment in the case of a void marriage; however, it may be good practice to get one anyway, so as to avoid any confusion later on in life, both legally and personally. For any issues that may come up from the bigamous marriage, such as property division, or for any issues that may arise when trying to marry later in life, it is a good precaution to have the marriage acknowledged as void by the court.