Not really married!

[CarmenSyx]

What is the name of your state (only U.S. law)? California
I unknowningly married a man that was already married. We were together 13 years before I found out. He divorced is previous wife 2 years after we were married. We are now separated. Are there any legal forms to submit to seperate as we were never legally married? Was our marriage legally binding?

 

[RRevak]

If he was married at the same time as you, then no you werent legally married. But as he divorced while the two of you were still "married" then yes your marriage is legally binding as your marriage took effect legally when his legally ended.

And HOW is it that you were together for 13yrs WITHOUT knowing he was already MARRIED??????

 

[JETX]

If he was married at the same time as you, then no you werent legally married. But as he divorced while the two of you were still "married" then yes your marriage is legally binding as your marriage took effect legally when his legally ended.

And HOW is it that you were together for 13yrs WITHOUT knowing he was already MARRIED??????

Ignore this dweeb... as his post is 110% Pelosi!!

If your marriage was not legal at the time of the marriage, it does not 'magically' become legal at some later time.

So, with that out of the way... the REAL answer is:
You will have to get an attorney to file a lawsuit called a 'Nullity (Annulment) Of Marriage'.

Read and follow the information online at:
California Annulment (Nullity) Law & Procedure - Family Law Attorney (Lawyer)

 

[RRevak]

Wait, ive seen a similar post on here and that was the response given. I'll have to take a few to find it. And if there is nothing legal how can you get an annulment? How can you anul whats not there to anul?

And if OP is full of diaper fun, then it would be good for me to know for others who arent carrying toasters in their shorts hehe

 

[RRevak]

Ignore this dweeb... as his post is 110% Pelosi!!

If your marriage was not legal at the time of the marriage, it does not 'magically' become legal at some later time.

So, with that out of the way... the REAL answer is:
You will have to get an attorney to file a lawsuit called a 'Nullity (Annulment) Of Marriage'.

Read and follow the information online at:
California Annulment (Nullity) Law & Procedure - Family Law Attorney (Lawyer)

Oh wait, never mind LOL. I just found the info I was looking for and you're right. OP, however, you are what is called a "putative wife." This means that because you attempted to marry your husband in good faith, you are still entitled to one-half of any property aquired during the marriage, and you are still entitled to spousal support if you need it. You should contact a family law attorney in your area!

 

[Zigner]

Wait, ive seen a similar post on here and that was the response given. I'll have to take a few to find it. And if there is nothing legal how can you get an annulment? How can you anul whats not there to anul?

And if OP is full of diaper fun, then it would be good for me to know for others who arent carrying toasters in their shorts hehe

Please don't guess at things just because they look similar.

In California, one would pursue the annulment because there were circumstances at the time of marriage that would make the marriage invalid.

ETA:
If you are seeking a nullity of marriage or nullity of partnership, you will need to prove in a court hearing that your marriage satisfies one of the grounds listed below. These must have applied at the time you and your spouse married or you and your partner registered:

* Incest: incest means the spouses or registered partner are close blood relatives.
* Bigamy: bigamy means a spouse or partner was knowingly married or registered to another person at the time of marriage or at the time of registration of domestic partnership.
* Underage: underage means a spouse or partner was below age 18 years at the time of marriage or registration of domestic partnership and did not obtain parental consent or a court order permitting the marriage.
* Prior Existing Marriage or Prior Existing Domestic Partnership: prior existing marriage or prior existing domestic partnership means a spouse married or a partner registered on the mistaken belief that his or her previous marriage or partnership had ended in the death of the other spouse or partner, who in fact was still living.
* Unsound Mind: unsound mind means a spouse or partner could not and has not formed the intent to marry or registered due to a mental condition.
* Fraud: fraud means deception regarding a significant matter that led to the marriage or the partnership and continued until the breakup.
* Force: force means threats or acts of harm were used to force one spouse or partner into the marriage or domestic partnership.
* Incapacity: incapacity means a spouse or partner was and continues to be physically unable to consummate the marriage or partnership.


From: http://www.saccourt.com/family/divorce/divorce.asp

 

[RRevak]

Please don't guess at things just because they look similar.

In California, one would pursue the annulment because there were circumstances at the time of marriage that would make the marriage invalid.

ETA:
If you are seeking a nullity of marriage or nullity of partnership, you will need to prove in a court hearing that your marriage satisfies one of the grounds listed below. These must have applied at the time you and your spouse married or you and your partner registered:

* Incest: incest means the spouses or registered partner are close blood relatives.
* Bigamy: bigamy means a spouse or partner was knowingly married or registered to another person at the time of marriage or at the time of registration of domestic partnership.
* Underage: underage means a spouse or partner was below age 18 years at the time of marriage or registration of domestic partnership and did not obtain parental consent or a court order permitting the marriage.
* Prior Existing Marriage or Prior Existing Domestic Partnership: prior existing marriage or prior existing domestic partnership means a spouse married or a partner registered on the mistaken belief that his or her previous marriage or partnership had ended in the death of the other spouse or partner, who in fact was still living.
* Unsound Mind: unsound mind means a spouse or partner could not and has not formed the intent to marry or registered due to a mental condition.
* Fraud: fraud means deception regarding a significant matter that led to the marriage or the partnership and continued until the breakup.
* Force: force means threats or acts of harm were used to force one spouse or partner into the marriage or domestic partnership.
* Incapacity: incapacity means a spouse or partner was and continues to be physically unable to consummate the marriage or partnership.


From: http://www.saccourt.com/family/divorce/divorce.asp

Yeah, I was looking for the info while I was typing and found the proper info. You may now proceed to break out the floggers for me typing before looking

 

[CarmenSyx]

Thank you for your 'sound' advice of the obvious, I just needed confirmation.

 

[Zigner]

Thank you for your 'sound' advice of the obvious, I just needed confirmation.

Ahh, so you had all the answers already...why are you here again?

 

[CarmenSyx]

I found this information as well...

An annulment (or "nullity of marriage" or "nullity of domestic partnership") is when a court says your marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "void" because:

of force, fraud, or physical or mental incapacity;
one of the spouses or partners was too young to legally marry or enter into a domestic partnership; or
one of the spouses or partners was already married or in a registered domestic partnership.
Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will have to go to hearing with a judge.

Thanks everyone for your feedback.