Paperwork To Prove a Void Marriage

[slh2013]

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

I was married in the early 90's. About a week or two after the ceremony, we found out he needed to get a divorce from his ex because it was determined he was married due to common law. He got the divorce. As far as I know, that means our marriage was void. Now all these years later I'm thinking about getting married again. All the court clerk could tell me is according to their records, our marriage license is still valid. What paperwork do I need to prove it was a void marriage?

Thanks in advance.

 

[LdiJ]

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

I was married in the early 90's. About a week or two after the ceremony, we found out he needed to get a divorce from his ex because it was determined he was married due to common law. He got the divorce. As far as I know, that means our marriage was void. Now all these years later I'm thinking about getting married again. All the court clerk could tell me is according to their records, our marriage license is still valid. What paperwork do I need to prove it was a void marriage?

Thanks in advance.

Get a consult with a family law attorney, but I suspect that you need to get a divorce.

 

[single317dad]

Annulment is possible in Oklahoma, but doing it twenty years after the fact may be more trouble than it's worth. As it stands, it seems that you're married, even though that marriage was not legally allowable.

Unfortunately, a divorce action could open another can of worms, as marital property accrued over two decades and even alimony could come into play.

Have you had any children since the date of the marriage? Those children, even in a void marriage, could be considered legitimate.

Do you have any contact with your husband?

You really should consult with an attorney; mistakes made now could easily compound those made 20 years ago.

 

[latigo]

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

I was married in the early 90's. About a week or two after the ceremony, we found out he needed to get a divorce from his ex because it was determined he was married due to common law. He got the divorce. As far as I know, that means our marriage was void. Now all these years later I'm thinking about getting married again. All the court clerk could tell me is according to their records, our marriage license is still valid. What paperwork do I need to prove it was a void marriage?

Thanks in advance.

Did you remaining living with the man as husband and wife after he and his common law wife were divorced?

If so, it is possible that one or both of two things occurred to legalize your union.

1. Ratification of the marriage ceremony.

2. The creation of a common law or consensual marriage under Oklahoma law.

I suggest that you consult with an Oklahoma attorney to find which is required, divorce or annulment.