Can I Be Legally Married if My Spouse Was Already Married to Another?
Under Virginia law, it is forbidden to marry someone who is already married and this is a grounds for annulment of the marriage. A person cannot validly marry someone while already narried to another, and such a marriage can be declared void by the court.
An annulment is legal decree that states that a marriage was never valid. The legal effect of an annulment is to void the marriage as though it never existed. Generally, the length of time married is not a determining factor to request an annulment. Mere regret alone is generally insufficient grounds for an annulment. Laws vary by jurisdiction, so local laws should be consulted for requirements in your area. Some of the reasons for granting an annulment are:
FRAUD OR COERCION - The consent to marriage of one of the parties was obtained by coercion or fraud and the parties have not cohabitated (lived together as husband and wife) after learning of the fraud. Fraud or coercion by a party to the marriage is grounds for an annulment, but each case is determined by the specific facts involved.
Cases where annulments have been granted in the past based on fraud include, among others, an undisclosed prior marriage.