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Ending a Bigamous Marriage

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  • 02-07-2012, 05:55 AM
    Shelly_Lanning
    Ending a Bigamous Marriage
    My question involves a marriage in the state of:Ohio. My Fiance was married in 2000 after the marriage he discovered his wife was married already and never divorced her first husband, she has since remarried again. My fiance believed that the marriage was illegal and after filing bigamy charges moved on with his life. Now we have discovered that he must obtain a divorce from her before we can be married/ My question is was there marriage legal is her current marriage legal and do we have to obtain a divorce or annulment and if so can we force her to be responsible for the cost?
  • 02-08-2012, 06:41 AM
    Disagreeable
    Re: Ending a Bigamous Marriage
    If she was already married, his marriage to her was not legal. His marriage to you should be legal.
  • 02-08-2012, 11:09 PM
    Mr. Knowitall
    Re: Ending a Bigamous Marriage
    If all of this happened in Ohio, a bigamous marriage is void ab initio.
    Quote:

    Quoting Snyder v Snyder
    This Court recognizes that it is well established that a bigamous marriage is void ab initio and of no legal purpose. One who is already married has no capacity to enter into another marriage contract, either ceremonial or common law. Johnson v. Wolford (1927), 117 Ohio St. 136 cited by Darling v. Darling (1975), 44 Ohio App.2d 5.

    Who told you "that he must obtain a divorce from her before we can be married"?

    If he's not clear on the status of his marriage, he can certainly consider seeking a formal judgment of divorce or annulment. But if he's sure that the rule set forth above applies, the bigamous marriage is void.
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