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Marriage in Mexico null and void = free to marry legally in the U.S. now?

I am a US citizen & I went through a "civil" marriage ceremony with another US citizen in Tijuana, Mexico about ten years ago. During that time I was unaware that he had never legally divorced his previous wife in the US. When I found out & inquired about how to dissolve/anull our "marriage" that had taken place, I was told that due to the fact that he was already legally married, that our "marriage" was never valid & was "null and void from the inception", therefore there was nothing to be done to dissolve it. Now, years later, I have some concerns about just letting that go without further inquiry because I wish to get married to my long-time fiance here in the US. I worry that maybe I wasn't given the right advice about if anything really had to be done about that in the first place?

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Attorney answers (1)

Reputation Level 20
You can discuss this with a family attorney in CA.You may be told to get an official declaration of nullity before you enter into a new marriage. If the earlier marriage was never legally dissolved by the Mexican court, youmight be subject to a charge of bigamy.You also need to discuss your legal options with the Mexican consulate.

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LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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