QUESTION

How can I find out if my marriage is valid and what legal action can I take if I do?

Asked on Mar 12th, 2013 on Divorce - Texas
More details to this question:
I found out that my husband was still legally married when we got married. Since then, they have gotten divorced. I am not sure I want to stay in this marriage as he has been mentally and emotionally abusive and is a drug addict. If our marriage is not valid, what legal action do I need to take? Also, can I file head of house hold on my taxes before I take any legal action?
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Answered on Mar 13th, 2013 at 2:38 PM
If he was legally married to someone else at the time he married you, you can seek to void the marriage through a Nullity action. Since you are the innocent party here (assuming you we're unaware of his marriage status), you are considered a "Putative" spouse and can seek support and a property division from him.

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John Arthur Smitten
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Answered on Mar 13th, 2013 at 2:38 PM
Your marriage is void you need an annulment.

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Answered on Mar 13th, 2013 at 2:37 PM
Tax question no you cannot, If what you allege is factual your marriage is void ab initio, from the beginning. But only the court can make that determination so you would need to file to have the court declare your marriage void before you can file the way you wish, it is a strange situation but the court must declare the marriage void first. Make sure you have proof of the allegation you are making, i.e. copy of his final judgement showing he was married at time of your marriage.

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Answered on Mar 13th, 2013 at 2:37 PM
File for nullity and in the alternative for divorce. If he makes more than you and you have children see an attorney. You could have a putative marriage and get support and a property division. See a CPA about your taxes.

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Answered on Mar 13th, 2013 at 2:36 PM
The marriage became valid upon the divorce being completed in the other marriage. I suggest you hire a lawyer to assist you with a divorce.

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