Question:
I would like to know what the procedure is for getting out of a marriage if one finds out that his/her mate never divorced their last spouse. Is it possible to just have the marriage annulled? Also, if I do not have her address and do not know how to find her, can this be done without a lengthy time of trying to have her served?
Answer:
It sounds like your marriage is void, meaning it never existed. In order to have a valid marriage, both parties must be unmarried, if was not then your marriage would be void. You can file a Motion to have your Marriage determined to be void. Texas assumes that all marriages are valid so you will need proof that she was in fact married. You probably can do this with publication service, but you will need to check court rules.