Now Married to Two People
I got married in 1993 to someone that was incarcerated in the state of Virginia. The marriage was never consumated and I haven't seen him since 1995. The problem is that a couple of years after he was released, he called to speak to me. I had no idea he was out or where he lived. When I talked to him about officially ending our marriage, he said that he had already filed for an annulment and that's why he was calling. I didn't think anymore of it and just went on with my life assuming that this was taken care of. I got remarried in 2001. A friend of mine ran into the first husband recently and he told her that he hadn't filed for an annulment and refused to acknowledge that we were even married. (He was with a female and I'm not sure if they were married). Anyway, I am planning on starting the annulment procedures but I don't know what else I have to do. I start law school next fall and I know that eventually this will come up on the character fitness section of the Bar. What should I do? By the way, I am in the state of Maryland and the first husband lives in D.C. I don't know his exact address or how to get in touch with him.
Re: Now Married to Two People
Maryland has abolished the traditional laws which would render a bigamous marriage void ab initio (from the beginning), so it appears that your dual marriage won't of itself void your current marriage. (Your spouse could seek an annulment.)
Quote:
Quoting Ledvinka v Ledvinka, 154 Md. App. 420; 840 A.2d 173 (2003)
As we stated earlier, divorce is a creature of statute and only the grounds enumerated in the statute will support a divorce decree. Because the ground of void ab initio is no longer available under the statute, the only remaining option for dissolution of a bigamous marriage is annulment. We therefore hold that the trial court erred in granting an absolute divorce on the ground that the marriage was void ab initio.
I suggest getting help from a family lawyer to complete a divorce or annulment of your first marriage, and inquiring with your lawyer as to whether you and your spouse should take steps to actively reaffirm your second marriage.