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  1. #1
    Join Date
    Nov 2017
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    1

    Post Can You Get an Annulment if Your Spouse Was Previously Married and Did Not Divorce

    My question involves a marriage in the state of: California. My husband & I are separated and I found a marriage certificate showing he was previously married. He says he did not file for divorce and does not know if his previous wife divorced him. Can I get an annulment based on fraudulent information on our marriage license

  2. #2
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Annulment

    If he is still legally married that means you and he are not legal married. You have to be legally married to get an annulment. You do need to get to the bottom of this in case you get married again in the future

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Get an Annulment if Your Spouse Was Previously Married and Did Not Divorc

    If in fact your 'spouse' was married to somebody else at the time of your wedding, your marriage is void. Obtaining an annulment would resolve any ambiguity with regard to your marriage -- preventing later challenges to your marriage, or later suggestions that you might be committing adultery by remarrying without clear proof that your current marriage is void.
    Quote Quoting California Family Code, Sec. 2201. Void Marriage
    (a) A subsequent marriage contracted by a person during the life of his or her former spouse, with a person other than the former spouse, is illegal and void, unless:

    (1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.

    (2) The former spouse (A) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (B) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.

    (b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.

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