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  1. #1
    Join Date
    Jul 2015
    Posts
    1

    Default Remarrying Without First Getting Divorced

    My question involves marriage law for the State of: California

    My husband believed he was divorced when we got married in 2012. Recently his wife contacted us on Facebook to get his signature for the divorce papers.

    I understand that our marriage is void. In order to be married, will we have to get an annulment or simply apply for a new marriage license and remarry? If we decide not to remarry will we need to do anything legal or is this one just scrap paper?

    Thanks for any help you can provide. I am completely devastated.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Confused

    A bigamous marriage in California is ab initio void. No annulment or divorce is needed (as far as the government is concerned). If you want to be married just go file for a new license.

    If you decide not to remarry, things get stickier. If you decide that you just want to forget about it, you can get a statement of nullity to document that the bigamous marriage really didn't exist (some people might need this to be convinced). If you are not amicable in your split, and you truly didn't know about the other marriage, you may be able to exert some rights over the putative marital assets. In the case you aren't willing to just get married or amicably call it a day, I recommend you talk to an attorney.

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