Marriage invalid?

[janM]

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

A couple travels from Ohio to Kentucky to get married because the latter doesn't require a license. Man discovers a year later, after they have separated, that woman was not divorced from her husband (hence the reason she didn't want to get married in Ohio, it seems). Is the marriage invalid, and/or does the man need to go to Kentucky for an anullment? Do they both have to do this?

 

[I'mTheFather]

He'll have to do something. He can get an annulment, but only within a year of finding out his wife was already married.

http://www.lrc.state.ky.us/KRS/403-00/120.PDF

(C'mon Jan, you could have done that!)

 

[janM]

He'll have to do something. He can get an annulment, but only within a year of finding out his wife was already married.

http://www.lrc.state.ky.us/KRS/403-00/120.PDF

(C'mon Jan, you could have done that!)

Yeah, I could have, but I wasn't sure if it needed to be handled in KY or OH or both.
(Can you believe item 1b??)

Thanks.

 

[FlyingRon]

The annulment would have to be done in the state he was married in. Divorce can be done where he resides.

 

[I'mTheFather]

The annulment would have to be done in the state he was married in. Divorce can be done where he resides.

I don't believe this is correct. The husband should be able to obtain an annulment in Ohio.

 

[usound76]

FYI, Kentucky DOES require a license to marry.

 

[Ohiogal]

The annulment can be granted in Ohio. Husband is a putative spouse. Also, husband should report wife for bigamy so that she can be prosecuted for the felony.

 

[janM]

FYI, Kentucky DOES require a license to marry.

I could have the state wrong. Third party here.
I know...

 

[janM]

The annulment can be granted in Ohio. Husband is a putative spouse. Also, husband should report wife for bigamy so that she can be prosecuted for the felony.

Thanks, OG.

 

[Lixim]

Yeah, I was thinking it would be illegal on the wife's part. Why couldn't she cover all ends before she ended up in another marriage? Might show what kind of person you're married to now though...

 

[janM]

Yeah, I was thinking it would be illegal on the wife's part. Why couldn't she cover all ends before she ended up in another marriage? Might show what kind of person you're married to now though...

Yeah, it does show the kind of person she is, as he found out. He had already kicked her to the curb before he found out about the deceipt.

 

[janM]

The annulment can be granted in Ohio. Husband is a putative spouse. Also, husband should report wife for bigamy so that she can be prosecuted for the felony.

OG, do you know a ballpark figure an attorney would charge for this in Wayne county? I know this site doesn't do referrals, but do some ever do these pro bono? He makes too much for legal aid.

 

[Ohiogal]

OG, do you know a ballpark figure an attorney would charge for this in Wayne county? I know this site doesn't do referrals, but do some ever do these pro bono? He makes too much for legal aid.

The prosecutor will prosecute her for free. Wayne County you might find someone to do it pro bono depending. But if not he is looking at a retainer for $1k or so and roughly $175 an hour.

 

[Ohiogal]

He'll have to do something. He can get an annulment, but only within a year of finding out his wife was already married.

http://www.lrc.state.ky.us/KRS/403-00/120.PDF

(C'mon Jan, you could have done that!)

KY law doesn't apply to Ohio residents.

 

[I'mTheFather]

KY law doesn't apply to Ohio residents.

Yeah, I missed the boat on that one. Intended to link Ohio as well to show they were basically the same except for the time limit. (I don't think OH has one.)

So, I made a mistake. Crucify me!