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  1. #1
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    Nov 2015
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    Default What to Do if You Find Out Your Spouse Wasn't Divorced When You Married

    My question involves a marriage in the state of: California

    Good evening! My ex and I were married in 2006 and separated in 2012. I finally got the money together to file a divorce and He tells me we were never legally married because his first divorce was not filed. I am requesting paperwork and proof but I wanted to find out what I need to do? Are we still married? If not what legalities do I need to do?If we are is it a matter of just filing for a divorce? Thank you so very much for your help!!

  2. #2
    Join Date
    Oct 2014
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    7,960

    Default Re: I Found Ot My Ex Wasn't Divorced when We Got Married What Do I Do

    If he was indeed already married at the time you were supposedly married then your marriage to him is void. In that case you would not need a divorce from him as you were never married in the first place. How this affects your property division in the split up is something you’d need to ask a family law attorney about.

  3. #3
    Join Date
    Nov 2015
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    Default Re: I Found Ot My Ex Wasn't Divorced when We Got Married What Do I Do

    Thank you!! We have no assets or property but do I need to still file something? an annullment? Im concerned because our marriage license was filed and if I still need to do something. Thank you!

  4. #4
    Join Date
    Jul 2006
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    Default Re: I Found Ot My Ex Wasn't Divorced when We Got Married What Do I Do

    Call the police and file a criminal complaint against him for bigamy.

  5. #5
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    Oct 2006
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    16,206

    Default Re: I Found Ot My Ex Wasn't Divorced when We Got Married What Do I Do

    Quote Quoting Evelynd
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    Thank you!! We have no assets or property but do I need to still file something? an annullment? Im concerned because our marriage license was filed and if I still need to do something. Thank you!
    I would still go through with the divorce. Your grounds could be that it was bigamy due to the fact that he never divorced his previous wife.

  6. #6
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    Oct 2014
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    Default Re: I Found Ot My Ex Wasn't Divorced when We Got Married What Do I Do

    Quote Quoting Evelynd
    View Post
    Thank you!! We have no assets or property but do I need to still file something? an annullment? Im concerned because our marriage license was filed and if I still need to do something. Thank you!
    You likely do want an annulment so that there is no question whether you are still married to him going forward. I think a divorce, as llworking suggested, is likely not the proper way to go because for a divorce there must first be a marriage, and in California (except for some unusual circumstances) bigamous marriages are void, i.e. there never was a marriage in the first place and without that marriage there can be no divorce. Consult a California family law attorney regarding the right way to go here given your exact circumstances.

  7. #7
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: I Found Ot My Ex Wasn't Divorced when We Got Married What Do I Do

    Bigamous marriages are VOIDABLE, not automatically void. The long way around this is to file for an annulment. The quick way around it is to file for divorce. If there are no issues of property and assets (or children), it can be done via summary dissolution.

    Both of you sign and you're done in 6 months.

  8. #8
    Join Date
    Sep 2005
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    Default Re: I Found Ot My Ex Wasn't Divorced when We Got Married What Do I Do

    Bigamous marriages are statutorily void under Family Code, Sec. 2201, but it still makes sense to get an annulment or divorce to ensure that you won't have legal complications down the road.
    Quote Quoting California Family Code, Sec. 2201
    (a) A subsequent marriage contracted by a person during the life of his or her former spouse, with a person other than the former spouse, is illegal and void, unless:

    (1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage.

    (2) The former spouse

    (A) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or

    (B) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.

    (b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.

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