Do I need a lawyer to declare my marriage void?

Asked about 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.

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    Asker
    Posted about 1 year ago.

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

    M Elizabeth Gunn
    M Elizabeth Gunn, Criminal Defense Attorney - Galveston, TX
    Posted about 1 year ago.

    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, Family Law Attorney - Houston, TX
    Posted about 1 year ago.

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

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    Asker
    Posted about 1 year ago.

    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, Family Law Attorney - Houston, TX
    Posted about 1 year ago.

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

  2. Fran Brochstein

    Contributor Level 17

    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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