Is it necessary to dissolve a marriage that is not really valid if you find out the other person is still married?

Business 2 views 3 answers
if you are issued a marriage license in the state of Nevada and reside in California but the other person is still married, do you file for a divorce if the 2 year have gone past the annulment period? or do you not need to do anything since its not really valid but you have taken his last name? Are you considered married or not?

Attorney Answers

3
Edna Straus ·
Your marital status has many consequences you may not have thought if, and yes, you must divorce or seek annulment. There is no 2 year window.
0 upvotes
George Munoz ·
In cases where deception occurred, California allows for the deceived spouse to seek a divorce instead and treat the marriage as if it were a valid union. This is known as the putative spouse doctrine and provides certain rights and protections for parties who are led to believe they’ve entered into a valid marriage through their partner’s deception. In this instance, the deceived spouse can seek a divorce and would have rights to property distribution and possible spousal support .
0 upvotes
Gregory Benton ·
Yes you will need a court ordered annulment. You would need to file in the state where you reside NOT where you got married.
0 upvotes

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