A man believed his divorce from his first wife had become final, and six months later he married a second woman in a licensed ceremony performed by a judge. In fact, because of a clerical error at the courthouse, the divorce decree was not actually entered until two weeks after the second wedding. The man’s first wife was alive throughout this period. After the second wife learned about the timing of the decree, she consulted a lawyer to find out whether her marriage to the man is valid.
What is the status of the second marriage?
- Option A. Correct answer. Void, because the man was still legally married to a living spouse when he remarried.Correct
- Option B. Incorrect answer. Valid, because the man reasonably believed his first divorce was already final.
- Option C. Incorrect answer. Voidable, because only the second wife may choose to challenge the marriage.
- Option D. Incorrect answer. Valid, because the first divorce became final shortly after the second ceremony.