My husband and I were married in Michigan in July of 2005. We found out recently that although the judge for his divorce from his previous marriage signed the decree, it was never filed by the lawyer because of balance that was due. He legally divorced his first wife in November of 2010, and now we are unsure if we need to annulle our marriage and remarry, or if we just need to remarry since our first marriage is voided. We have been living in Texas since 2007. Any assistance that you could provide is greatly appreciated.
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Do I need an annulment to remarry
- Thread Starter dallas214
- Start date
- Status
Additional Information: We have been told that even though our marriage is void we need to get a court decesion ie: annullment. However, in the Texas Constitution / Statutes the following is listed under family law:
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.
Our fear is that we do nothing and end up finding out years from now that there are still issue with the validity of our marriage.
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.
Our fear is that we do nothing and end up finding out years from now that there are still issue with the validity of our marriage.
army judge
Super Moderator
Okay, I think I understand your question.
The easy solution is simply to remarry.
Spouses can remarry annually (or monthly), if they so desire.
Why not take a weekend trip to Las Vegas and tie the know again in a simple, civil ceremony?
If I were you, I'd mention this to no one, and celebrate your anniversary on the original date you were married.
I wish you both a long, happy, and prosperous life together!!!!
The easy solution is simply to remarry.
Spouses can remarry annually (or monthly), if they so desire.
Why not take a weekend trip to Las Vegas and tie the know again in a simple, civil ceremony?
If I were you, I'd mention this to no one, and celebrate your anniversary on the original date you were married.
I wish you both a long, happy, and prosperous life together!!!!
- Status
Share this page
