Q: Can my husband marry a second wife overseas? We are married in Islam as well which he’s allowed to marry 4 wives
But at the same time we are legally married in the us
A:
The U.S. Constitution requires each of the 50 states to give full faith and credit to the valid acts of its sister states. There is no such requirement for the actions of other countries, in the absence of a treaty. Instead, the concept of comity controls. Comity allows a state to recognize the act of a foreign country as valid if it does not offend its strong public policy. The Commonwealth of Virginia recognizes as valid foreign marriages if they are validly celebrated according to the laws of the place where they take place, provided they do not offend the strong public policy of the Commonwealth. Invalid marriages in Virginia may be void or voidable. A voidable marriage is one that could be set aside, but remains valid until done so. A void marriage is a nullity - it never existed. Bigamous marriages are void ab initio in the Commonwealth of Virginia. As such, bigamy offends the strong public policy of the Commonwealth.
Under Virginia Code Section 20-90, any person with a question about the validity of a marriage can file a case to affirm the marriage. Any person with a question about the validity of a marriage in Virginia should consult with an experienced Virginia divorce lawyer.
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