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  1. #1
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    Default California Bigamy Penalties

    I'm in California. I got married, not even thinking that my divorce from my ex hadn't been finalized yet. What reprocussions, if any, can I face by the state of California? Criminal Charges? Max punishments? I dont want to be married to the current wife anymore either. Anullment?

  2. #2
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    Default Re: Cali Bigamy Penalties

    I don't understand.

    You were never divorced from wife one when you married wife two, and now you want to divorce them both?

    I will look up the bigamy statutes, but prison is not out of question.

  3. #3
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    Default Re: Cali Bigamy Penalties

    Quote Quoting cyjeff
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    I don't understand.

    You were never divorced from wife one when you married wife two, and now you want to divorce them both?

    I will look up the bigamy statutes, but prison is not out of question.
    The proceedings from the first divorce were over, but the date on the paperwork said 04DEC07 and I remarried on 01NOV07. So the first divorce is final, and I want out of the second marriage because she turned out to be a completely different person than I thought she was.

  4. #4
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    Default Re: Cali Bigamy Penalties

    Quote Quoting nick6425
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    The proceedings from the first divorce were over, but the date on the paperwork said 04DEC07 and I remarried on 01NOV07. So the first divorce is final, and I want out of the second marriage because she turned out to be a completely different person than I thought she was.
    Was she married too?

    Sorry, couldn't resist.

    Yes, you committed bigamy. Until the divorce decree becomes final, you are married and barred from remarriage.

    The divorce and annulment questions are harder. I am not sure you were ever legally married.

  5. #5
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    Default Re: Cali Bigamy Penalties

    Quote Quoting cyjeff
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    Was she married too?

    Sorry, couldn't resist.
    I have the divorce paperwork from her previous marriage.

    Per the Cali Family Code, the marriage could be annulled as a fraudulent union, but my concern is obviously being prosecuted. How likely is it that the anullment process could be achieved for another reason (refusal of carnal rites ) without the illigitimacy of the marriage coming to light in front of the court?

  6. #6
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    Default Re: Cali Bigamy Penalties

    Quote Quoting nick6425
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    I have the divorce paperwork from her previous marriage.

    Per the Cali Family Code, the marriage could be annulled as a fraudulent union, but my concern is obviously being prosecuted. How likely is it that the anullment process could be achieved for another reason (refusal of carnal rites ) without the illigitimacy of the marriage coming to light in front of the court?
    You still haven't mentioned what the fraud part was. Not having sex with you isn't fraud.... even in California.

    As for the rest, let me put it to you this way.

    If she was divorcing you because you stunk in bed, would you forget to tell the judge that SHE was a bigomist?

    Plan on prison. At least it will keep you from getting married for a while.

  7. #7
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    Default Re: Cali Bigamy Penalties

    Quote Quoting cyjeff
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    I don't understand.

    You were never divorced from wife one when you married wife two, and now you want to divorce them both?

    I will look up the bigamy statutes, but prison is not out of question.
    Section 283 says that the max punishment is up to $10,000 and a year in prison. Section 282(b) states "[Section 281 does not extend] to any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court." What does that mean and does it apply here?

    281. (a) Every person having a husband or wife living, who marries
    any other person, except in the cases specified in Section 282, is
    guilty of bigamy.
    (b) Upon a trial for bigamy, it is not necessary to prove either
    of the marriages by the register, certificate, or other record
    evidence thereof, but the marriages may be proved by evidence which
    is admissible to prove a marriage in other cases; and when the second
    marriage took place out of this state, proof of that fact,
    accompanied with proof of cohabitation thereafter in this state, is
    sufficient to sustain the charge.



    282. Section 281 does not extend to any of the following:
    (a) To any person by reason of any former marriage whose husband
    or wife by such marriage has been absent for five successive years
    without being known to such person within that time to be living.
    (b) To any person by reason of any former marriage which has been
    pronounced void, annulled, or dissolved by the judgment of a
    competent court.



    283. Bigamy is punishable by a fine not exceeding ten thousand
    dollars ($10,000) or by imprisonment in a county jail not exceeding
    one year or in the state prison.

  8. #8
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    Default Re: Cali Bigamy Penalties

    Quote Quoting nick6425
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    Section 283 says that the max punishment is up to $10,000 and a year in prison. Section 282(b) states "[Section 281 does not extend] to any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court." What does that mean and does it apply here?
    It means that if a court has pronounced you divorced, you can get married again.

    You jumped that gun by a month.

  9. #9
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    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.

  10. #10
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    Default Re: Cali Bigamy Penalties

    Quote Quoting nick6425
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    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.

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