[nullity of marriage - new york]Do I need to bring an annulment suit?

[realicious]

Hellos, I would really appreciate some help. Here are the facts.

I live in New York.
Married to my husband on December 2007, in Nevada.
My husband's previous marriage (for 10 years) was dissolved, in New York, in May 2008.
The fact is, my husband believed that his divorce was final when he merely signed some court documents (in July 2007) agreeing for dissolution.

I did some research online and found the following info: "nullity of marriage in law, an unlawful marriage that is either void or voidable because of conditions existing at the time of the marriage. A bigamous or incestuous marriage, for example, is void, and there is no need to bring a suit to obtain a decree declaring it void..." (The Columbia Encyclopedia)

What I am not sure about this "no need" to bring a suit would apply to New York or not. So, my question is:

Do I need to bring an annulment suit, or can we just get married again by ignoring my previous marriage in Nevada?

Please advice me with tangible facts, if possible.

Thank you very much for those who kindly answer us.

 

[LdiJ]

Hellos, I would really appreciate some help. Here are the facts.

I live in New York.
Married to my husband on December 2007, in Nevada.
My husband's previous marriage (for 10 years) was dissolved, in New York, in May 2008.
The fact is, my husband believed that his divorce was final when he merely signed some court documents (in July 2007) agreeing for dissolution.

I did some research online and found the following info: "nullity of marriage in law, an unlawful marriage that is either void or voidable because of conditions existing at the time of the marriage. A bigamous or incestuous marriage, for example, is void, and there is no need to bring a suit to obtain a decree declaring it void..." (The Columbia Encyclopedia)

What I am not sure about this "no need" to bring a suit would apply to New York or not. So, my question is:

Do I need to bring an annulment suit, or can we just get married again by ignoring my previous marriage in Nevada?

Please advice me with tangible facts, if possible.

Thank you very much for those who kindly answer us.

The best advice that I can give you is to get a consult with a local attorney. Most likely you could simply get married again.

 

[TimStudiesLaw]

Wouldn't the marriage to new wife be voidable until the impediment is cleared, at which time the new marriage becomes valid?

 

[realicious]

Wouldn't the marriage to new wife be voidable until the impediment is cleared, at which time the new marriage becomes valid?

If his divorce in May 2008 mean that "the impediment is cleared" then, we don't even have to get married again, right?

Thank you for your input, LdiJ & TimStudiesLaw.

 

[LdiJ]

If his divorce in May 2008 mean that "the impediment is cleared" then, we don't even have to get married again, right?

Thank you for your input, LdiJ & TimStudiesLaw.

Again, I would run it by a local attorney. I think that you would at least need to get married again.