Help with an annulment question!!!

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

I recently found out that my husband was still married to his last wife when he married me (yes he did know that he was still married) but his previous marriage was dissolved earlier this year--are we still legally married?? Can I get an annulment or do I have to get a divorce??What is the name of your state (only U.S. law)?

geishame said:

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

I recently found out that my husband was still married to his last wife when he married me (yes he did know that he was still married) but his previous marriage was dissolved earlier this year--are we still legally married?? Can I get an annulment or do I have to get a divorce??What is the name of your state (only U.S. law)?

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How long ago did you get married? If it was recent, you MAY be able to get an annulment, but if it was very long ago, you should get a divorce. The divorce will probably be cheaper and quicker, anyway.

Help with an annulment question

In many states, the time limit for bringing an action for annulment varies depending upon the underlying facts. For example, in Minnesota, if a party lacked capacity for certain reasons (mental incapacity, e.g.) the time limit is 90 days from the date this was discovered. If a party lacks capacity to consummate the marriage, the time limit is 1 year. If a party was under age, the time limit runs when the person turns 18.

When someone gets married a second time without bothering to get divorced, the marriage is considered a "void" marriage because it is prohibited. A void marriage is absolutely void, without a decree of dissolution or other legal proceeding. So, at least in Minnesota divorce court you do not need to bring an annulment action when the marriage was void to begin with.

Not in TX

FiskumLaw.com said:

In many states, the time limit for bringing an action for annulment varies depending upon the underlying facts. For example, in Minnesota, if a party lacked capacity for certain reasons (mental incapacity, e.g.) the time limit is 90 days from the date this was discovered. If a party lacks capacity to consummate the marriage, the time limit is 1 year. If a party was under age, the time limit runs when the person turns 18.

When someone gets married a second time without bothering to get divorced, the marriage is considered a "void" marriage because it is prohibited. A void marriage is absolutely void, without a decree of dissolution or other legal proceeding. So, at least in Minnesota divorce court you do not need to bring an annulment action when the marriage was void to begin with.

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You need to be very careful about applying rules from one state in another state.

In TX, the second marriage would have been void -- UNTIL the first marriage was dissolved. Then the second marriage automatically becomes valid.

Texas Annulment
"if you stay married to the person and they dissolve their first marriage, then you automatically become married to them when the first marriage ends. "

If any of the grounds for it being a voidable marriage exist, then annulment is an option, but it doesn't look like it from OP's post.

OP is currently legally married and needs a divorce.