What do I need to do if I got married to someone else and found out that my 1st marriage did not get filed in court ?
Seattle, WA
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Posted 9 months ago in Marriage / Prenuptials
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How do I fix being married to two people by error?
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Answers (3)Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted 9 months ago.
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If you are "married" to more than one person at the same time, you may be charged with bigamy which is a criminal offense.
One good news is that most prosecutors likely do not actively charge and prosecute people for bigamy except if there is something unusual in the alleged violator's case. Moreover, bigamy is a crime of intent. If you had reasonable bases to believe that you were free to marry again, the prosecutor may not be able to get a conviction. So, if you fix the problem, the prosecutor likely would not be prosecuting you. If you are not a US citizen, being a bigamist may affect your immigration status. If you have been filing taxes as married filing jointly with your second, purported spouse, you may need to consider amending your returns. You likely should review your facts with an attorney to see what you need to do to fix your problems. The fix likely involves getting a legal divorce from the first spouse and getting legally married to the second spouse (if you still want to be married with the second spouse). If you do not want to be "married" to the second, purported spouse, you likely still need court action to clarify your property rights and obligations. Michael John Gainer
This attorney is licensed in Washington.
Posted 9 months ago.
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#1 Divorce first one. ThenYou will want to file a Petition for Declaration Concerning Validity (Marriage), get a final Order and get remarried when divorce is final or stay unmaried.
If either spouse, or the guardian of an incompetent spouse, or in some cases, the legal spouse or child of either spouse wants to ask the court to declare that the marriage is invalid, then the person requesting the declaration should file a Petition for Declaration Concerning Validity. This petition is similar to asking the court for an annulment. Washington State does not enter an Annulment rather a Declaration Concerning Validity. I have attached a link below for the forms. Follow to section called Ending the marriage --Declaration Concerning Validity of Marriage. In the Petition, you will want to check the box "Because of a prior undissolved marriage of one or both of the parties." You can both fill out the forms and one can "Join" in the Petition. After you pay the filing fee, you can present all ofthe forms to the ex parte court and have the final pleadings signed. The danger of not doing it and getting remarried later is that until declared invalid, he could be prosecuted for bigamy (unlikely) but, more importantly, until remarried after divorce, you are not legally married. You may also need to consider how you filed your tax returns for 2008 and earlier. Get it declared invalid and file separately. Yale Lewis III
This attorney is licensed in Washington.
Posted 9 months ago.
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hard to know, because your facts don't make much sense. you don't file a marriage certificate in court. you file it with the department of vital statistics.
however, to get rid of the first marriage, you would need either a declaration of invalidity or a dissolution. either way, you would file your petition, serve the other side, and then either enter an agreed order or litigate until you either settle or go to trial. |