Do I need a lawyer to declare my marriage void?

Asked over 1 year ago - Houston, TX

I married a man that was already married. We have been married 11 years. We have been separated 2 years and 9 months. He was served with divorce papers from his first wife in February of 2008. I was not aware of his first marriage until his first wife filed in 2008. What steps can I take to end this once and for all? FYI... We were married in Texas, and we both reside in Houston, TX. We have no children together, and I don't care about division of property.

Attorney answers (3)

  1. M Elizabeth Gunn

    Contributor Level 18

    1

    Best Answer
    chosen by asker

    Answered . Generally speaking, I'd agree with Fran on this, but there is one thing you should you. Technically, if you and he were no longer living together at the time his divorce came through, your "marriage" to him never became valid. If that's what happened, what you need to do is not get a divorce, which you an only get if you were actually married, but instead get a judge to declare your marriage void--which just fixes the legal mess you may be in otherwise.

  2. Fran Brochstein

    Contributor Level 18

    1

    Lawyer agrees

    1

    Answered . If his first marriage ends then your marriage becomes valid.

    So get a divorce.

    Fran Brochstein has over 20 years legal experience & enjoys educating the public about Texas laws. She is a full-... more
  3. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    Answered . You would need to lawyer up, file suit, serve the husband, go to court and complete the case.

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