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Do You Need to File a Divorce from a Bigamous Marriage

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  • 01-21-2015, 04:41 PM
    souln2u
    Do You Need to File a Divorce from a Bigamous Marriage
    My question involves a marriage in the state of: California

    I have been "married" to my "husband" for 5 years and he has been having a long distance and recently close affair with his "first wife" for probably over a year now. I cannot find signed paperwork that his first marriage was legally final only unsigned documents. Both he and his wife have thrown in my face that my marriage to him is not legal because he is already married to her since 2001. What steps can I take to get him charged with bigamy?
  • 01-21-2015, 06:12 PM
    CourtClerk
    Re: Do I Have to File for a Divorce if Bigamy Was Committed by "Spouse"
    Honestly, CA doesn't really prosecute for bigamy. I can think of 1 or 2 cases and in those cases the man had SEVERAL wives, not just one.

    But do you know for certain that he's actually married? Why haven't you filed for divorce?
  • 01-22-2015, 09:40 AM
    Mr. Knowitall
    Re: Do You Need to File a Divorce from a Bigamous Marriage
    If you are not certain if he was married at the time you entered the marriage, you can file for an annulment, seek documents and evidence through discovery and, if it turns out he was already married, have a court declare your marriage void. You can't just assume -- otherwise the next post of this type could be by your 'second' husband.
  • 01-24-2015, 12:24 AM
    souln2u
    Re: Do I Have to File for a Divorce if Bigamy Was Committed by "Spouse"
    That is disheartening :( I need him to serve time for this act. I didn't think I had to file for divorce if I'm not legally married. And yes I am certain he was married. I just need to know how to find out if the divorce was finalized. I found paperwork of him filing for divorce but no documents were signed.

    - - - Updated - - -

    It read that I cannot get a annulment because we were "married" over 4 years. But I will try to void it if possible. I would really like that. I guess I have to go to vital records to get a copy of his first marriage certificate and see if there is a divorce decree, which I doubt since both have told me that they are still married since 2001!
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