YaYa said:
What is the name of your state? CA
I got married to my husband a year ago, our marriage is technically void because he was still married to his now ex-wife and did not know it. now that his divorce is finallized, what do we need to do to get legally married?
considering our first marriage is VOID, do we still need to file for annulment before getting married again? Or can we just disregard that and go ahead and get married again?
PS: Per CA law, since at the time of our marriage both him and his ex-wife were still in contact either by phone or e-mail and he was sending child support checks to her, and they both thought they were divorced while they were not, our marriage is considered VOID.
It all depends on the facts. If they both thought the decree was final and should have been, e.g. at least 6 months had passed from the filing and there was some error or oversight, then the parties may petition the court to enter the decree Nunc pro Tunc
as per CA FC 2346. (a) If the court determines that a judgment of dissolution of
the marriage should be granted, but by mistake, negligence, or
inadvertence, the judgment has not been signed, filed, and entered,
the court may cause the judgment to be signed, dated, filed, and
entered in the proceeding as of the date when the judgment could have
been signed, dated, filed, and entered originally, if it appears to
the satisfaction of the court that no appeal is to be taken in the
proceeding or motion made for a new trial, to annul or set aside the
judgment, or for relief under Chapter 8 (commencing with Section 469)
of Title 6 of Part 2 of the Code of Civil Procedure.
(b) The court may act under subdivision (a) on its own motion or
upon the motion of either party to the proceeding. In contested
cases, the motion of a party shall be with notice to the other party.
(c) The court may cause the judgment to be entered nunc pro tunc
as provided in this section, even though the judgment may have been
previously entered, where through mistake, negligence, or
inadvertence the judgment was not entered as soon as it could have
been entered under the law if applied for.
(d) The court shall not cause a judgment to be entered nunc pro
tunc as provided in this section as of a date before trial in the
matter, before the date of an uncontested judgment hearing in the
matter, or before the date of submission to the court of an
application for judgment on affidavit pursuant to Section 2336. Upon
the entry of the judgment, the parties have the same rights with
regard to the dissolution of marriage becoming final on the date that
it would have become final had the judgment been entered upon the
date when it could have been originally entered.
If this is the case, then you would not have to get remarried, otherwise you will have to get remarried.
