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Do I need to annul my marriage?

San Antonio, TX |

My husband and I got married and we weren't aware that the divorce wasn't finalized with his ex and I need to know is our marriage valid or do I need an annulment until the divorce is finalized or do we stay married as long as he gets it finalized?

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Attorney answers 3


You're not the first person this has happened to, and odds are, everything will end up okay. The easiest way to deal with it is probably just to hang tight until his divorce is final. You aren't legally married right now, but if the two of you are still living together at that point, your marriage will become valid at that time. It would obviously be best to avoid any situations that are affected legally by your marital status until the point your marriage becomes valid (buying property, signing wills or other legal documents, taking out loans, setting up insurance or joint bank accounts, etc.). If that's already happened, I'd suggest you contact an attorney who can help you figure out whether there's anything that now needs to be fixed with the situation to protect you legally and financially. Good luck.


Your marriage will become valid when the prior marriage ends.


The most recent marriage is presumed valid, although this is a rebuttable presumption. Your husband needs to get the divorce finaliZed. Your marriage will be valid at that time. You do not need an annulment now, because your marriage is void. You do have community property rights to property obtained during the time you thought your marriage was valid.

DISCLAIMER: This answer is for informational purposes only under the AVVO system, its terms and conditions. This answer does not establish an attorney client relationship. I am admitted only in Texas. I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other issues, 210.501.0880.

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