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Do I need a lawyer to declare my marriage void?

Houston, TX |
Filed under: Marriage and prenups

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

Posted

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.

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5 comments

Asker

Posted

Thank you Miss Foley. I will look into that. I appreciate your time.

M Elizabeth Gunn

M Elizabeth Gunn

Posted

You're welcome, and I just now realize I didn't exactly answer your question. Yes, I think you'd probably better look into getting an attorney, because there are some things you'ld need to prove up to do this that would probably be pretty difficult to handle yourself. Good luck, and I'm sorry your jerk of a non-husband did this to you. You're far from the only one to find yourself in that situation, if it's any consolation.

Fran Brochstein

Fran Brochstein

Posted

Elizabeth - good answer - better than mine! But she needs to probably hire an attorney to sort out this "mess". :)

Asker

Posted

The fact that he was already married was just the tip of the iceberg. I could tell you stories that would make you weep. Anyway, thanks ladies, you have been a great help.

Fran Brochstein

Fran Brochstein

Posted

Hire a tough, smart family law attorney to help you pronto! Good luck.

Posted

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-time family law mediator in the Houston area. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a personal consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week - her personal cell phone.

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Asker

Posted

Thank you Miss Bronstein, I appreciate your input. I plan to move forward with it very soon... :)

Posted

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

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