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  1. #11
    Join Date
    Apr 2008
    Posts
    8

    Default Re: Cali Bigamy Penalties

    FAMILY.CODE
    SECTION 2210-2212





    2210. A marriage is voidable and may be adjudged a nullity if any
    of the following conditions existed at the time of the marriage:
    (a) The party who commences the proceeding or on whose behalf the
    proceeding is commenced was without the capability of consenting to
    the marriage as provided in Section 301 or 302, unless, after
    attaining the age of consent, the party for any time freely cohabited
    with the other as husband and wife.
    (b) The husband or wife of either party was living and the
    marriage with that husband or wife was then in force and that husband
    or wife (1) was absent and not known to the party commencing the
    proceeding to be living for a period of five successive years
    immediately preceding the subsequent marriage for which the judgment
    of nullity is sought or (2) was generally reputed or believed by the
    party commencing the proceeding to be dead at the time the subsequent
    marriage was contracted.
    (c) Either party was of unsound mind, unless the party of unsound
    mind, after coming to reason, freely cohabited with the other as
    husband and wife.

    (d) The consent of either party was obtained by fraud, unless the
    party whose consent was obtained by fraud afterwards, with full
    knowledge of the facts constituting the fraud, freely cohabited with
    the other as husband or wife.

    (e) The consent of either party was obtained by force, unless the
    party whose consent was obtained by force afterwards freely cohabited
    with the other as husband or wife.
    (f) Either party was, at the time of marriage, physically
    incapable of entering into the marriage state, and that incapacity
    continues, and appears to be incurable.


    We haven't had sex at all since the nuptuals, and haven't "co-habitated" either (she was deployed from 04NOV07 untill just Saturday). I know that a refusal of sex within the 4 year Cali cohabitation period can constitute fraud and be grounds for annullment. She doesn't know the marriage isnt legal by the way.

  2. #12
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Cali Bigamy Penalties

    Quote Quoting nick6425
    View Post
    We haven't had sex at all since the nuptuals, and haven't "co-habitated" either (she was deployed from 04NOV07 untill just Saturday. I know that a refusal of sex within the 4 year Cali cohabitation period can constitute fraud and be grounds for annullment. She doesn't know the marriage isnt legal by the way.
    You haven't been married for 4 years. Barely for 4 months.

    And during that time, she was deployed. Are you saying that she should have been home every weekend to service you?

    This is degrading into lunacy.

    You are a bigomist. Take care of that. Trust me, after hearing that you weren't divorced from your first wife, you won't have to worry about being married to your second.

  3. #13
    Join Date
    Apr 2008
    Posts
    8

    Default Re: Cali Bigamy Penalties

    Quote Quoting cyjeff
    View Post
    You haven't been married for 4 years. Barely for 4 months.

    And during that time, she was deployed. Are you saying that she should have been home every weekend to service you?

    This is degrading into lunacy.

    You are a bigomist. Take care of that. Trust me, after hearing that you weren't divorced from your first wife, you won't have to worry about being married to your second.

    I realize its only been 5 months. An annullment in California can be granted under certain conditions provided that the two parties did not "co-habitate" for greater than 4 years time.

    I'm saying that even with 5 months, we've only "co-habitated" for 5 days. And regardless of either length of time, the marriage was never consumated. My question to that regard is: If I try to get an annullment based on those grounds, will they find out about my previous marriage being active when this one commenced?

    And the first marriage has already been completely dissolved.

  4. #14
    Join Date
    Mar 2008
    Posts
    106

    Default Re: California Bigamy Penalties

    Are you getting divorced in the same county? The court system is not going to go way way out of there way to find out if you are already married. But you would be lying in your second divorce if you don't tell them. This could cause a problem. If you tell the court you thought you were already divorced they are not going to throw you in jail. I know a lot of people in CA that find out there spouse was already married and not divorced no body went to jail unless the DA felt there was a need to punish this person because they wanted two wives or more. You should not break the law therefore hire a lawyer. This is only my opinion!

  5. #15
    Join Date
    Apr 2008
    Posts
    8

    Default Re: California Bigamy Penalties

    Quote Quoting cksherer
    View Post
    Are you getting divorced in the same county? The court system is not going to go way way out of there way to find out if you are already married. But you would be lying in your second divorce if you don't tell them. This could cause a problem. If you tell the court you thought you were already divorced they are not going to throw you in jail. I know a lot of people in CA that find out there spouse was already married and not divorced no body went to jail unless the DA felt there was a need to punish this person because they wanted two wives or more. You should not break the law therefore hire a lawyer. This is only my opinion!

    Yeah, same county. I'll probably just go for the annullment based on the previous marriage. Thanks

  6. #16
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: California Bigamy Penalties

    Quote Quoting nick6425
    View Post
    Yeah, same county. I'll probably just go for the annullment based on the previous marriage. Thanks
    If you go for an annullment based upon the previous marriage, you will be admitting to open court that you committed bigamy.

  7. #17
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: California Bigamy Penalties

    Quote Quoting cyjeff
    View Post
    If you go for an annullment based upon the previous marriage, you will be admitting to open court that you committed bigamy.
    And perjury....

    Because the marriage license specifically asks about the termination of previous marriages. The OP would have had to commit perjury in order to receive the second marriage license.

    And by the way Cyjeff.... your answers were right on the money.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  8. #18
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: California Bigamy Penalties

    Quote Quoting CourtClerk
    View Post
    And perjury....

    Because the marriage license specifically asks about the termination of previous marriages. The OP would have had to commit perjury in order to receive the second marriage license.

    And by the way Cyjeff.... your answers were right on the money.
    Thanks.

    I don't know how many ways I can say "you are not legally allowed to marry a second woman until you have divorced the first".

    And, if lack of sex was a valid reason for annulment, every single service man and woman would be facing down the barrel.

    It took everything I had, by the way, not to insert a "you got into marriage expecting a BETTER sex life?" joke.

  9. #19
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: California Bigamy Penalties

    Isn't being married to two women kind of a self-punishing crime?


    Anyway, I agree with cyjeff.

    The second "marriage" was void. It was not voidable. That means it could never be good.

    However, I doubt that any prosecutor is going to be interested in prosecuting this crime.

  10. #20
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: California Bigamy Penalties

    Quote Quoting seniorjudge
    View Post
    Isn't being married to two women kind of a self-punishing crime?


    Anyway, I agree with cyjeff.

    The second "marriage" was void. It was not voidable. That means it could never be good.

    However, I doubt that any prosecutor is going to be interested in prosecuting this crime.
    I dunno.

    A service woman that married a bigamist that now wants to divorce her just SCREAMS sweeps week.

    This is an election year. Stranger things have happened.

    Further, if the OP states it in open court, it's not like the judge can just ignore it.

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