Annulment, Divorce, or Nothing??? He was already married when we got married...

[ScooterKat]

My question involves a marriage in the state of: Louisiana

I was married in Louisiana almost 2 years ago. I just learned that my husband was already married to somebody else since 2000. They have not spoken or seen each other in 11 years. She told him that the divorce was finalized and they never spoke again. So fast forward to today, when she calls and tell him that the divorce never went through and they have been married this whole time. Yes, he was stupid for believing her and not getting any proof. But now, what do I do? We want to get him divorced, obviously. But what can we do? Do I need to get an annulment or divorce before he can get one from her? I dont know what to do. I am worried that we will get in trouble for us being married, when he was already married when we got married. Since he was already married when we got married, are we even married? I am just confused on what I need to do now.

Thanks.

 

[Zigner]

Your marriage is void - it's as if it never happened. You CAN seek legal proceedings to have a court confirm this if you so desire.

 

[Zigner]

Just to be thorough:

(http://www.legis.state.la.us/lss/lss.asp?doc=111030)
Art. 88. Impediment of existing marriage

A married person may not contract another marriage.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.

and

(http://www.legis.state.la.us/lss/lss.asp?doc=111067)
CHAPTER 2 - NULLITY OF MARRIAGE

Art. 94. Absolutely null marriage

A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.

{{NOTE: SEE ACTS 1987, NO. 886, §5.}}

 

[LdiJ]

Just to be thorough:

(http://www.legis.state.la.us/lss/lss.asp?doc=111030)
Art. 88. Impediment of existing marriage

A married person may not contract another marriage.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.

and

(http://www.legis.state.la.us/lss/lss.asp?doc=111067)
CHAPTER 2 - NULLITY OF MARRIAGE

Art. 94. Absolutely null marriage

A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested person.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988.

{{NOTE: SEE ACTS 1987, NO. 886, §5.}}

Which means that YOU do not have to do anything at this point. Your "husband" needs to get a divorce and you may marry him again once he has done so, if you so desire.

 

[Ohiogal]

Why did he not produce his divorce documents when he applied for a marriage license?