Bigamy and Annulment

[ella1234]

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


Your Message
I married my current husband's brother as 33 years ago. I thought we were divorced and married my current husband, his brother, 25 years ago. His brother died 10 years ago. . I have discovered recently that my first marriage to his brother was never granted. It was dismissed after 2 years because nothing was done about it. Question: am I legally married? Should I seek an annulment or a divorce from my current husband?

 

[Zigner]

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


Your Message
I married my current husband's brother as 33 years ago. I thought we were divorced and married my current husband, his brother, 25 years ago. His brother died 10 years ago. . I have discovered recently that my first marriage to his brother was never granted. It was dismissed after 2 years because nothing was done about it. Question: am I legally married? Should I seek an annulment or a divorce from my current husband?

You are married. Once your first husband died, your current marriage became fully valid (as in, it is no longer voidable.) If you want to split up, you'll need to get a divorce. Consult with a local attorney.

 

[tranquility]

Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. (a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.

(b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

 

[Zigner]

Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. (a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.

(b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

That's what I said

 

[Bali Hai]

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


Your Message
I married my current husband's brother as 33 years ago. I thought we were divorced and married my current husband, his brother, 25 years ago. His brother died 10 years ago. . I have discovered recently that my first marriage to his brother was never granted. It was dismissed after 2 years because nothing was done about it. Question: am I legally married? Should I seek an annulment or a divorce from my current husband?

You mean the divorce was never granted?

Since you have been legally married only 15 years, the last 15 years should only count in your property settlement and alimony award if any.

 

[OHRoadwarrior]

After the first marriage ended, the second became valid by common law.

 

[tranquility]

After the first marriage ended, the second became valid by common law.

Not quite. After the first marriage ended, the person could be said to be married by common law if the conditions were met. It is not the ending that made the second valid, but, once the person was unmarried a common law marriage could be had.

http://books.google.com/books?id=e-kJxOISFSMC&pg=PA217&lpg=PA217&dq=COMMON+LAW+BIGAMY+VOID+SECOND+MARRIAGE&source=bl&ots=8MNK6Pu31E&sig=Dqx_jqHSd64aRpvHNeLku1pADAw&hl=en&sa=X&ei=kHMiUYj0G6GFiAL-_IGoBA&ved=0CGwQ6AEwCQ#v=twopage&q=COMMON%20LAW%20BIGAMY%20VOID%20SECOND%20MARRIAGE&f=true

See footnote 95.

 

[Bali Hai]

Should OP contest the first brothers estate to determine if she is entitled to some of it? After all, they were still married. I would hate to see that kind of thing dredged up after all these years but hey, lawyers gotta make a living too.

 

[Zigner]

Should OP contest the first brothers estate to determine if she is entitled to some of it? After all, they were still married. I would hate to see that kind of thing dredged up after all these years but hey, lawyers gotta make a living too.

The time for that has long passed.

Bali - seriously - you don't need to stir up trouble just to prove some point towards your personal agenda.

 

[Bali Hai]

The time for that has long passed.

Bali - seriously - you don't need to stir up trouble just to prove some point towards your personal agenda.

If the time for that has long passed, it has long passed. That's all that needs to be said.

Geez, you don't need to shoot a guy for trying to be helpful.

 

[tranquility]

I don't think it was a bad point at all. I'm not even sure that horse has left the barn--depending on the facts. It's just that it gets too complex too fast to try to give any reasonable answer as to if there could be some benefit from the previous marriage at this point.