is marriage valid?

[perez5875]

What is the name of your state (only U.S. law)? Michigan. My husband and I were married in 2006 in Vegas, we have since learned that a previous divorce was not yet final until a few months after we were married. My question is, is our marriage valid & if not what do we need to do now to make the situation right? Do we need to get an annulment or can we just re-marry if our status is not legal? Thank you!

 

[ErinGoBragh]

What is the name of your state (only U.S. law)? Michigan. My husband and I were married in 2006 in Vegas, we have since learned that a previous divorce was not yet final until a few months after we were married. My question is, is our marriage valid & if not what do we need to do now to make the situation right? Do we need to get an annulment or can we just re-marry if our status is not legal? Thank you!

Your spouse (I'm guessing from your wording he's the one whose divorce wasn't finalized) is a bigamist then. You must get an annulment.

 

[dmcc10880]

The marriage is null and void. Simple solution would be to just get another marriage license and do a quick civil ceremony.

 

[ErinGoBragh]

The marriage is null and void. Simple solution would be to just get another marriage license and do a quick civil ceremony.

It is NOT null and void. It must be annulled by a Judge per Michigan law. Don't answer if you don't have your facts straight. MI law is VERY clear on this. The same is true of Nevada.

 

[ErinGoBragh]

Annulment — Michigan Legal Aid

 

[Proserpina]

Annulment — Michigan Legal Aid

Thanks for that link, Erin

 

[ErinGoBragh]

Thanks for that link, Erin

No problem

 

[dmcc10880]

It is NOT null and void. It must be annulled by a Judge per Michigan law. Don't answer if you don't have your facts straight. MI law is VERY clear on this. The same is true of Nevada.

Fact. Polygamous marriages have been "absolutely void" since 1838 if solemnized in Michigan. MCL 552.1; MSA 25.81. Polygamy is a crime which requires either a second marriage in Michigan (it is not a defense that the second marriage is legally void, since all bigamous marriages are void), or cohabitation here after a bigamous marriage elsewhere. MCL 750.439; MSA 28.694. A divorce from, or death of, a first spouse will not validate a second (bigamous) marriage. A new marriage is required.

If a marriage is legally void, there's no need to annul a legally void marriage. The solution is to get a marriage license in Michigan and marry there legally.

 

[Proserpina]

"Void" and "Voidable" are two different things.

Seriously - only a court can void a marriage. It's not automatic.

It might seem like a semantic difference to some...but it's been hashed out here over and over and over again.

 

[dmcc10880]

"Void" and "Voidable" are two different things.

Seriously - only a court can void a marriage. It's not automatic.

It might seem like a semantic difference to some...but it's been hashed out here over and over and over again.

Yes, I understand your points. And yes, only a court can void a marriage such as the OP's by virtue of an annulment.

If the OP was going to get an annulment, it would have to be in the jurisdiction where the "wedding" took place, ie. Las Vegas not Michigan.

Polygamy is unlawful. The OP's husband has a 5th amendment right to not incriminate himself by saying he knowingly got married prior to the finalization of his divorce.. Hence, my original opinion to just get married in Michigan would be practical.

Perhaps the OP and "husband" should contact an attorney for the best course of action.

 

[perez5875]

Yes, I understand your points. And yes, only a court can void a marriage such as the OP's by virtue of an annulment.

If the OP was going to get an annulment, it would have to be in the jurisdiction where the "wedding" took place, ie. Las Vegas not Michigan.

Polygamy is unlawful. The OP's husband has a 5th amendment right to not incriminate himself by saying he knowingly got married prior to the finalization of his divorce.. Hence, my original opinion to just get married in Michigan would be practical.

Perhaps the OP and "husband" should contact an attorney for the best course of action.

we dont want any legal troubles..It would be great if we could just remarry here in michigan, as it was an honest mistake. We thought we were free to marry. We just want our status to be legal & no jail time!! Thank you for all the comments & advice!

 

[FlyingRon]

Michigan law matters NOT here. The marriage was done in Nevada. In Nevada, the bigamous marriage is VOID (not VOIDABLE). You don't need to annul it, it was never valid. You can petition a Nevada court for a "declaration of nullity" if you need it for some reason to prove that for some reason. If you just want to get married now (and it's legal) just doing so in Michigan would seem to be straightforward.

 

[mistoffolees]

we dont want any legal troubles..It would be great if we could just remarry here in michigan, as it was an honest mistake. We thought we were free to marry. We just want our status to be legal & no jail time!! Thank you for all the comments & advice!

Simply remarrying would solve the problem. Chances are slim that anyone would make an issue of it, so I would simply remarry and then forget it.

 

[FlyingRon]

Simply remarrying would solve the problem. Chances are slim that anyone would make an issue of it, so I would simply remarry and then forget it.

Correct, and trying to get a certificate of nullity of a void marriage may induce criminal bigamy charges in Nevada.

 

[perez5875]

Thanks everyone! Very helpful, one other question pertaining to this situation, when we apply for a marriage liscense here in Michigan and they ask for previous marriages, divorces etc. do we not mention the vegas deal, as I do have the same last name as him?? Any thoughts on that aspect?? Thanks!!