Results 1 to 4 of 4
  1. #1
    Join Date
    Nov 2011
    Posts
    2

    Question Married Before Spouse's Divorce Was Final - Is My Marriage Valid

    My question involves a marriage in the state of: MIchigan

    my husband and i married, and later had a baby we had a child.

    years later he tried to go into the military and discovered he was still married to his previous wife. since he was not in the state to show up in court for the divorce, he assumed she would, but she didnt... so the judge dismissed it.

    finally he found her in another state and got divorced.

    So is my marriage considered null and void? do we have to divorce and remarry now?

    I am trying to find out what to do because over the years I have had financial aid, been on and off public assistance as married, and filed taxes. And I am going back to school in january and dont know what to do.

    I appreciate everyone's time and look forward to hearing what you have to say!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,120

    Default Re: Married Before Spouse's Divorce Was Final - Is My Marriage Valid

    No, your marriage is not valid. You should look into Michigan's "secret marriage" laws, such that you can fix the problem without a public ceremony, something that I understand is most often done when children are involved in a void marriage.
    Quote Quoting 551.201 Issuance of marriage license without publicity; conditions; application; notice; consent; exceptions; order.
    (1) When a person desires to keep the exact date of his or her marriage to a person of the opposite sex a secret, the judge of probate may issue, without publicity, a marriage license to any person making application, under oath, if there is good reason expressed in the application and determined to be sufficient by the judge of probate.

    (2) The judge of probate may marry, without publicity, persons under marriageable age, as provided in section 3 of Act No. 128 of the Public Acts of 1887, being section 551.103 of the Michigan Compiled Laws, if the application for the license is accompanied by 1 of the following:

    (a) A written request of all of the biological or adopting living parents of both parties, and their guardian or guardians if either or both of the parents are dead.

    (b) A written request of the parents or guardians of the party under marriageable age if only 1 party to the marriage is under the marriageable age.

    (3) If the noncustodial parent has been given notice of the request for consent by personal service or registered mail at his or her last known address and the noncustodial parent fails to enter an objection within 5 days after receipt of notice, then the consent shall be required only of a parent to whom custody of a child has been awarded by a court. The consent shall not be required of a parent confined under sentence in a state or federal penal institution or confined in a mental hospital under adjudication of legal incapacity by a court of competent jurisdiction or upon the return of process by the sheriff of the county in which the parent was last known to reside made not less than 5 nor more than 14 days after issuance of the process certifying that after diligent search the parent cannot be found within the county.

    (4) The judge of probate may authorize an order nunc pro tunc regarding the date to appear on the marriage license.

  3. #3
    Join Date
    Nov 2011
    Posts
    2

    Default Re: Married Before Spouse's Divorce Was Final - Is My Marriage Valid

    Thank you for that! So since we are legally not married, but we have a marrige license on file at the courthouse, does that mean we have to divorce first-then remarry?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,120

    Default Re: Married Before Spouse's Divorce Was Final - Is My Marriage Valid

    If you want to divorce first or to annul your (voidable) marriage on the basis of your spouse's bigamy, you can do so. I don't see in the statute that it would be necessary. I expect that if the probate court in your county, upon hearing your petition, believes it is necessary for you to annul your marriage it will instruct you to do so, but it seems to me that the purpose of the statute would be defeated by adding such a hurdle.

    This type of action is rarely taken, so it's difficult to find authority or to predict how a particular judge in a particular county (assuming we knew the judge and county) will rule - your best bet for that type of information is to consult a local family lawyer (although odds are you'll be calling quite a few offices before you find a lawyer who has dealt with that statute).

    1. Sponsored Links
       

Similar Threads

  1. Divorce: What Do You Include in a Dissolution of Marriage Final Decree
    By rjgrissmer in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 09-11-2010, 10:01 PM
  2. Divorce: Spouse Obtained a Backdated Divorce Decree - Am I Legally Married
    By nancyd73 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 08-20-2010, 03:35 AM
  3. Is My Marriage Valid?
    By mjsantos in forum Marriage and Civil Unions
    Replies: 1
    Last Post: 04-13-2008, 03:23 PM
  4. Marriage When One Spouse Is Already Married
    By Yolanda E. Carter in forum Marriage and Civil Unions
    Replies: 2
    Last Post: 12-30-2007, 04:13 PM
  5. Eligibility to Marry: Is Second Marriage Valid, Where Divorce Was Not Finalized?
    By sedona in forum Marriage and Civil Unions
    Replies: 1
    Last Post: 04-23-2005, 02:50 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document