Accidental Bigamy need annulment to get legally married again?

What is the name of your state? AZ

I had thought my previous marriage was signed and a done deal on the 7th of April. I got remarried to my high school sweetheart on the 10th of April. I found out that my divorce did not get signed and filed until the 19th/24th of April. Making my current marriage void. I am told I need to get it annulled, as it was never legal, but my question is do I have to go through a whole regular annulment with a 60 day waiting period or are there special circumstances (this marriage being null from the get go), that allow for a more expedited end. I would like to legally be married to my high school sweetheart and also want to know if while waiting on the annulment which erases the non-legal marriage, I can go get legally married. Since my first marriage is now officially ended in divorce and the new marriage has no legal standing, and needs to be annuled, I would like to know what is the best, and easiest way to clear up this comedy of errors and end up married to my sweetheart?????????? What is the quickest way to get the void marriage annulled and can I get remarried in the meantime since the other one was not legal. This is a lifetime movie in the making, but I prefer a happy ending.

ktagseth said:

What is the name of your state? AZ

I had thought my previous marriage was signed and a done deal on the 7th of April. I got remarried to my high school sweetheart on the 10th of April. I found out that my divorce did not get signed and filed until the 19th/24th of April. Making my current marriage void. I am told I need to get it annulled, as it was never legal, but my question is do I have to go through a whole regular annulment with a 60 day waiting period or are there special circumstances (this marriage being null from the get go), that allow for a more expedited end. I would like to legally be married to my high school sweetheart and also want to know if while waiting on the annulment which erases the non-legal marriage, I can go get legally married. Since my first marriage is now officially ended in divorce and the new marriage has no legal standing, and needs to be annuled, I would like to know what is the best, and easiest way to clear up this comedy of errors and end up married to my sweetheart?????????? What is the quickest way to get the void marriage annulled and can I get remarried in the meantime since the other one was not legal. This is a lifetime movie in the making, but I prefer a happy ending.

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Your marriage is not void, its voidable. There is a difference. You need an annulment or divorce to get it off the official record.

However, if you don't care whether or not it is off the official record, you could just get married again.

Annulment response

What I found on the web indicated that void came under already married or too young to be married and voidable was fraud and other reasons that needed to be proved. Might you tell me where to better research the subject on the annulment issue as well as a new marriage being legal while the other one is being annulled. My divorce attorney indicated it would have to be annulled, but has it at the bottom of his list to research, hence my own sharing. Bottom line is I want to be married, but want to make sure in doing it this time, that it is legal and the previous bigamy/marriage will not impact it. Wouldn't there be a problem with one marriage being recorded and then another, if the other were not deleted with the annulment? Thanks for any advise.

ktagseth said:

What I found on the web indicated that void came under already married or too young to be married and voidable was fraud and other reasons that needed to be proved. Might you tell me where to better research the subject on the annulment issue as well as a new marriage being legal while the other one is being annulled. My divorce attorney indicated it would have to be annulled, but has it at the bottom of his list to research, hence my own sharing. Bottom line is I want to be married, but want to make sure in doing it this time, that it is legal and the previous bigamy/marriage will not impact it. Wouldn't there be a problem with one marriage being recorded and then another, if the other were not deleted with the annulment? Thanks for any advise.

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The marriage is not void because it still legally exists in the official record. It would have to be voided out of the official record, hence, voidable.

A second marriage (perhaps a quicky in Las Vegas...LOL) is going to be legal.

Voided off the record

Is there an easy way to get it voided off the record due to the mistake or must all the bells/ whistles and time of a regular annulment take place for such a disappearing act to transpire.

In addition, what might be the ramifications of just leaving the the non legal one, for as far as my research indicates bigamy laws, even when there is intent of knowing, are not enforced unless there is a major issues or a child involved and this case there was no knowledge only the act and misinterpretation that has led to this sit-com in the making --after being separated for years and having the 60 day waiting period up April 1, and having my attorney tell me docs were filed the 7th, and I would get the signed paperwork when they got them, not mention being repeatedly told the judge would sign it the first week of April---I was drawing conclusions, and connecting dots, that were spurious at best, though innocent and true in my mind --h Paperwork in hand and showing up for hearings and walking things through would be advice I would give a day late for myself. This auto pilot stuff all handled my an attorney--who thinks a lay person understands what he in conveying, can cause misunderstandings--messages sent and messages received are not the same. Live and learn.....and pass it on. I am a doctoral student and this situation makes me see how I know nothing and need to keep that in mind when my assumptions start leaping forward

ktagseth said:

Is there an easy way to get it voided off the record due to the mistake or must all the bells/ whistles and time of a regular annulment take place for such a disappearing act to transpire.

In addition, what might be the ramifications of just leaving the the non legal one, for as far as my research indicates bigamy laws, even when there is intent of knowing, are not enforced unless there is a major issues or a child involved and this case there was no knowledge only the act and misinterpretation that has led to this sit-com in the making --after being separated for years and having the 60 day waiting period up April 1, and having my attorney tell me docs were filed the 7th, and I would get the signed paperwork when they got them, not mention being repeatedly told the judge would sign it the first week of April---I was drawing conclusions, and connecting dots, that were spurious at best, though innocent and true in my mind --h Paperwork in hand and showing up for hearings and walking things through would be advice I would give a day late for myself. This auto pilot stuff all handled my an attorney--who thinks a lay person understands what he in conveying, can cause misunderstandings--messages sent and messages received are not the same. Live and learn.....and pass it on. I am a doctoral student and this situation makes me see how I know nothing and need to keep that in mind when my assumptions start leaping forward

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You really need to ask those questions of a local attorney. However I have never heard of it being possible to void a marriage without going through the entire proceedure of an annulment.

However, there is also a legal action called Nunc Pro Tunc (I hope I spelled that right) where a judge can actually amend paperwork to reflect a date when something SHOULD have happened, even if it didn't actually happen then. If its true that your judge should have signed the paperwork sooner, and did not, that legal action might work for you. Discuss that with a local attorney. Maybe even a different attorney than the one you used originally.

nunc pro tunc

Lectric Law Library = offers a definition whereby forgetfulness a final decree is not requested in a divorce, yet one party has remarried. The court may grant a nunc pro tunc leave to file the papers to enable the granting of a retroactive divorce. An editorial opinion is offered that application of nunc pro tunc is granted to render justice, but never injustice. However, rendering justice does not necessarily mean doing no harm and because corrupt courts do exist, it is possible to do that which is legal for unethical reasons.


Worth investigating-thank you...I have seen a few other articles alluding to such possibilities. Would be wonderful if it works

Thank you for the knowledge. I am wondering around aimlessly on the web and this is at least a direction to research.