+ Reply to Thread
Results 1 to 11 of 11
  1. #1
    ella1234 is offline Junior Member
    Join Date
    Feb 2013
    Posts
    1

    Bigamy and Annulment

    What is the name of your state (only U.S. law)? Texas


    Your Message
    I married my current husband's brother as 33 years ago. I thought we were divorced and married my current husband, his brother, 25 years ago. His brother died 10 years ago. . I have discovered recently that my first marriage to his brother was never granted. It was dismissed after 2 years because nothing was done about it. Question: am I legally married? Should I seek an annulment or a divorce from my current husband?
  2. #2
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,349
    Quote Originally Posted by ella1234 View Post
    What is the name of your state (only U.S. law)? Texas


    Your Message
    I married my current husband's brother as 33 years ago. I thought we were divorced and married my current husband, his brother, 25 years ago. His brother died 10 years ago. . I have discovered recently that my first marriage to his brother was never granted. It was dismissed after 2 years because nothing was done about it. Question: am I legally married? Should I seek an annulment or a divorce from my current husband?
    You are married. Once your first husband died, your current marriage became fully valid (as in, it is no longer voidable.) If you want to split up, you'll need to get a divorce. Consult with a local attorney.
  3. #3
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,830
    Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. (a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.

    (b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
  4. #4
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,349
    Quote Originally Posted by tranquility View Post
    Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. (a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.

    (b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
    That's what I said
  5. #5
    Bali Hai is offline Senior Member
    Join Date
    Nov 2005
    Posts
    6,479
    Quote Originally Posted by ella1234 View Post
    What is the name of your state (only U.S. law)? Texas


    Your Message
    I married my current husband's brother as 33 years ago. I thought we were divorced and married my current husband, his brother, 25 years ago. His brother died 10 years ago. . I have discovered recently that my first marriage to his brother was never granted. It was dismissed after 2 years because nothing was done about it. Question: am I legally married? Should I seek an annulment or a divorce from my current husband?
    You mean the divorce was never granted?

    Since you have been legally married only 15 years, the last 15 years should only count in your property settlement and alimony award if any.
  6. #6
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,567
    After the first marriage ended, the second became valid by common law.
  7. #7
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,830
    Quote Originally Posted by OHRoadwarrior View Post
    After the first marriage ended, the second became valid by common law.
    Not quite. After the first marriage ended, the person could be said to be married by common law if the conditions were met. It is not the ending that made the second valid, but, once the person was unmarried a common law marriage could be had.

    http://books.google.com/books?id=e-kJxOISFSMC&pg=PA217&lpg=PA217&dq=COMMON+LAW+BIGAMY+VOID+SECOND+MARRIAGE&source=bl&ots=8MNK6Pu31E&sig =Dqx_jqHSd64aRpvHNeLku1pADAw&hl=en&sa=X&ei=kHMiUYj0G6GFiAL-_IGoBA&ved=0CGwQ6AEwCQ#v=twopage&q=COMMON%20LAW%20BIGAMY%20VOID%20SECOND%20MARRIAGE&f=true

    See footnote 95.
  8. #8
    Bali Hai is offline Senior Member
    Join Date
    Nov 2005
    Posts
    6,479
    Should OP contest the first brothers estate to determine if she is entitled to some of it? After all, they were still married. I would hate to see that kind of thing dredged up after all these years but hey, lawyers gotta make a living too.
  9. #9
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,349
    Quote Originally Posted by Bali Hai View Post
    Should OP contest the first brothers estate to determine if she is entitled to some of it? After all, they were still married. I would hate to see that kind of thing dredged up after all these years but hey, lawyers gotta make a living too.
    The time for that has long passed.

    Bali - seriously - you don't need to stir up trouble just to prove some point towards your personal agenda.
  10. #10
    Bali Hai is offline Senior Member
    Join Date
    Nov 2005
    Posts
    6,479
    Quote Originally Posted by Zigner View Post
    The time for that has long passed.

    Bali - seriously - you don't need to stir up trouble just to prove some point towards your personal agenda.
    If the time for that has long passed, it has long passed. That's all that needs to be said.

    Geez, you don't need to shoot a guy for trying to be helpful.
  11. #11
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,830
    I don't think it was a bad point at all. I'm not even sure that horse has left the barn--depending on the facts. It's just that it gets too complex too fast to try to give any reasonable answer as to if there could be some benefit from the previous marriage at this point.

Similar Threads

  1. Annulment and bigamy
    By Aquariusfire in forum Divorce, Separation & Annulment
    Replies: 3
    Last Post: 03-28-2011, 09:09 AM
  2. Annulment and Bigamy
    By ladycricket67 in forum Divorce, Separation & Annulment
    Replies: 2
    Last Post: 11-27-2010, 04:24 PM
  3. Annulment for bigamy?
    By naples0805 in forum Divorce, Separation & Annulment
    Replies: 16
    Last Post: 05-15-2010, 05:56 PM
  4. Annulment/bigamy?
    By Deb1958 in forum Divorce, Separation & Annulment
    Replies: 0
    Last Post: 03-05-2002, 06:20 PM
  5. bigamy and annulment
    By bigamist in forum Divorce, Separation & Annulment
    Replies: 0
    Last Post: 06-24-2001, 11:44 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.