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My Wife Was Still Married when She Signed the Marriage License

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  • 08-22-2013, 11:39 AM
    jrwaltersr
    My Wife Was Still Married when She Signed the Marriage License
    I am filing a FL-100{petition to nullify} in California based on family code 2210b which allows for a judgement to void the marriage based on previous marriage. My wife was still married to her previous husband at the time we got married. I need to know how long it takes to obtain a jugdement. Based on said code this marriage was void from the start. There will be no custody or property issues as we both have moved on. Can I remarry based on this while waiting for the state to recognize the petition? I am going to get married soon and would appreciate some guidance regarding this issue.
  • 08-23-2013, 08:20 PM
    Mr. Knowitall
    Re: My Wife Was Still Married when She Signed the Marriage License
    How long it takes depends upon how diligent you are in prosecuting your case, whether you do things correctly, whether the petition is contested, and whether the court's docket is congested.

    As we don't know if your spouse is going to agree that she was still married at the time of your marriage to her, it would be rash to speculate about whether or not your annulment will be granted or whether your marriage is void.
  • 08-24-2013, 11:53 AM
    CourtClerk
    Re: My Wife Was Still Married when She Signed the Marriage License
    You'll need to have a hearing as annulments don't happen just by a paper divorce, and no, you cannot just go and get married while this is being litigated. Your marriage is void after a court declares it so.
  • 08-24-2013, 06:04 PM
    Mr. Knowitall
    Re: My Wife Was Still Married when She Signed the Marriage License
    Most bigamous marriages are void from the inception, with or without a judgment, pursuant to Family Code Sec. 2201. Some, e.g., where the spouse has been absent for years and is presumed dead, are voidable. See Family Code Sec. 2210. The facts can get sticky - there was an interesting case a while back where a wife married husband 1, then married husband 2, then divorced husband 1, then married husband 3. As the second marriage was void and as the wife was divorced from her first husband at the time she married husband 3, the third marriage was found to be valid.
  • 08-25-2013, 06:32 AM
    davidmcbeth3
    Re: My Wife Was Still Married when She Signed the Marriage License
    Quote:

    Quoting Mr. Knowitall
    View Post
    Most bigamous marriages are void from the inception, with or without a judgment, pursuant to Family Code Sec. 2201. Some, e.g., where the spouse has been absent for years and is presumed dead, are voidable. See Family Code Sec. 2210. The facts can get sticky - there was an interesting case a while back where a wife married husband 1, then married husband 2, then divorced husband 1, then married husband 3. As the second marriage was void and as the wife was divorced from her first husband at the time she married husband 3, the third marriage was found to be valid.

    See 3 is an unlucky number !
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