What if your married for 20 years, you find out that your wife was never divorced from her first husband until five years later?

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Ok, I got married 20 years ago and now I'm going through a divorce and I find out that my spouse was never divorced from their first spouse. She got a divorce 4 years after we were married. Was this marriage legal or not? Am I married, or did she commit bigamy?

Attorney Answers

3
Michael David BirchmoreDUI / DWI AttorneyBlue Ridge, GA ·
To make your marriage legal you would need to be remarried as it was illegal to marry the first time. Depending upon certain facts it may be possible that your marriage was grandfathered in by way of common law marriage. That issue is very fact specific and it is likely that you qualify. To be sure, however, you should speak with your divorce lawyer about this. I you don't have one yet, get one. You'll be glad you did.
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Glen Ashman ·
You'll need an annulment rather than a divorce if there were no children. Georgia abolished common law marriage in 1997 so that took away the one automatic fix. If you had children in the interim, you'll need a divorce. Regardkess you need a lawyer.
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Alake Oni ColwellDivorce / Separation LawyerLawrenceville, GA ·
It is likely that you are not married to your wife. Assuming you filed a marriage certificate, however, you will likely need to go through the process of ending your marriage through the courts. Obtain copies of her divorce paperwork from her first husband to assist you in your case. And it is very important that with issues like this, you hire an attorney.
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