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Why do i habe to pay for a divorce if our narriage was not legal i didnt know he was married

Caddo, OK |

we where married dec 23 2011 i left him 1 13 2012 because i found out he was still married i want to move onn without him people tell me i have to divorce him but my marriage is void so why do i have to go through a divorce besides his no where to be found

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Attorney answers 1


You do not need a divorce, you need an annulment. A man who is married to someone does not have legal capacity to marry someone else without divorcing his first spouse. But you still have to provide proof of the prior existing marriage to a judge. If your husband never divorced his first spouse, a judge can sign a decree confirming that you were never legally married to him. It's as though your marriage to him never existed. If you cannot find him, he can be served by publication notice. You must clear this up before you can marry anyone else. This can also cause a lot of trouble in dividing your estate after your death. Talk to a lawyer in your area, or contact your area office for Legal Aid Services of Oklahoma to see if you qualify for their services.

If we do not have a written attorney-client agreement: I am not your lawyer; you are not my client; this is not legal advice.