Is my marriage legal

[sqrlklr04]

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

I found out a few months ago that my Husband was never divorced from his 3rd wife and our marriage was not legal. I went on the Arizona Supreme Court website and cannot find record of a marriage or a divorce. I found out just last night that they were married in court and choose to file the marriage papers themselves...well they never did, so, does this now make our marriage legal? I want to know so I can decide whether to file for divorce or continue with the marriage.

 

[seniorjudge]

If you want to stay married to him, have him file for divorce from the prior wife.

Then, after he gets his divorce, marry him.

 

[sqrlklr04]

Is my marriage legal?

I don't think you understood my question. What I'm asking is my marriage legal?

 

[cbg]

No. It's not.

It should be self-evident that he can't be married to someone else and to you at the same time.

 

[justalayman]

I found out just last night that they were married in court and choose to file the marriage papers themselves...well they never did,

Is everybody missing this or am I?

I don;t know about Arizona, specifically, but in most states, if the license or whatever it is called in the pertinent state, is not filed with the state, the marriage is not "official" as in, never happened.

Yes?

 

[FarmerJ]

I agree with Justa , You wrote > I found out just last night that they were married in court and choose to file the marriage papers themselves...well they never did< if the marriage was never recorded then legally it didnt happen.

 

[LdiJ]

Is everybody missing this or am I?

I don;t know about Arizona, specifically, but in most states, if the license or whatever it is called in the pertinent state, is not filed with the state, the marriage is not "official" as in, never happened.

Yes?

If her husband and his previous wife got married in court, I kind of doubt that the license didn't get filed.

Therefore her husband is a bigamist and the marriage is voidable. However, its still a marriage and still has to be disolved by the court.

 

[justalayman]

I'm just going by what the OP stated:

I found out just last night that they were married in court and choose to file the marriage papers themselves...well they never did, so,

I would think the paperwork would have been taken care of as well but...

 

[sqrlklr04]

Thank you Justa and FarmerJ. I think everyone else is missing the point that they were going to file the paperwork THEMSELVES AND DIDN'T. So I will go with your advice that our marriage IS legal. Our papers were filed by our Pastor and we show up on the AZ website...their's does not. Thank you again.