When Can You Be Prosecuted for Bigamy

My question involves a marriage in the state of: Nevada

My husband and I were married in Nevada in 1997. We lost two pregnancies and in being very young, did not handle the loss well. In 98 I moved out. My mother told him I would be getting a divorce as I wouldn't speak with him. We lived in California where we both were from. In late 99 I moved to AZ to go to school and subsequently ended up on the East coast and traveling many years. Fast forward to Jan 2013. I looked him up and took a trip to CA to reunite. I live in NE now. I never did divorce him. However, in 2006 he remarried a woman whom he had a child with. They also married in Nevada. Shortly after they legally divorced in CA and him being in the USCG, she fought and received alimony in addition to child support. Although she makes a very comfortable living.
That is the back story, here is the question. We have absolutely reconciled and we both want to add eachother to current benefits etc. With him being military, he is afraid that although they did legally divorce, the fact that we never did will allow her to pursue criminal charges against him.
All of this happened in a 14 year period in which I moved far away and he was never able to find me.

His career is very important to him and so is his child. What recourse can his ex take, if any? She is a CA resident.

Thank you for any replies.
Shan

You need to consult with a lawyer in your area.

well we spoke with his CO at work yesterday who said it was not an uncommon thing. Our only concern now is backlash from the woman he married then divorced. Would she have to go to Nevada to pursue anything since both marriages were in Nevada?

She is not the one who decides if charges are to be filed. The state is the injured party and while she can call it to their attention, the state is who will charge him. However, he is not subject to criminal bigamy charges in Nevada it would seem. There's an exception in the criminal bigamy statutes that exempts a person whose spouse has been continually absent from that person for five years.

The bigger issue for him was the fact that he was in a bigamous marriage should have come up at the time of the "divorce." That marriage was legally void ab initio. No divorce or annulment or whatever was necessary to end it. Of course, child support doesn't require a marriage, just paternity.

In fact, as near as I can tell, you two are still married. You don't need to legally do anything.

Thank you so much for your input. His CO had thought the same, but she of course (and understandably, is mad). He most definitely would continue child support and I would expect no less. But, she has threatened to take him to court and take his child. And yes, I was absent for 14 years. We split in 98.

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Quoting flyingron

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She is not the one who decides if charges are to be filed. The state is the injured party and while she can call it to their attention, the state is who will charge him. However, he is not subject to criminal bigamy charges in Nevada it would seem. There's an exception in the criminal bigamy statutes that exempts a person whose spouse has been continually absent from that person for five years.

The bigger issue for him was the fact that he was in a bigamous marriage should have come up at the time of the "divorce." That marriage was legally void ab initio. No divorce or annulment or whatever was necessary to end it. Of course, child support doesn't require a marriage, just paternity.

In fact, as near as I can tell, you two are still married. You don't need to legally do anything.

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