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  1. #1
    Join Date
    Dec 2009
    Location
    California
    Posts
    1

    Default Bigamy, Divorce and Community Property

    My question involves marriage & divorce law for the State of: California.
    I have been married to my husband for 32 years but we have lived apart for the last 15. We married in Peru. Our family immigrated to the US in the early eighties and our residency and citizenship documents show that we are married to one another.

    We never filed for a legal separation or divorce and we have been in close contact throughout our separation. He has continued to pay the mortgage of our house and any other incidentals to maintain the property. He never did give me any other financial support during the years we were separated.

    I recently found out that he remarried in the state on Nevada 3 years ago and now has properties with the "second" wife. I have proof of our marriage and proof of his second marriage.

    This has forced the issue of a divorce between us and I want to know:
    1. what are my rights regarding community property?
    2. What are the penalties for bigamy in the state of California.
    3. Since we processed our residency and citizenship in California and we had to show evidence of being married as I was his wife, and now he got married in Nevada, are there federal penalties for bigamy?
    4. He is now saying that our divorce has to be processed in Peru because we were married there and the courts of california cannot process a divorce from a marriage in another country. Is that true?
    5. If the federal government accepted our marriage certificate from Peru, shouldn't the state court accept it as a valid document?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bigamy, Divorce and Community Property

    If you want to divorce him, and want to see if you can get any part of the assets he's accumulated during your fifteen years of separation, consult a divorce lawyer. You can divorce in California, even if you married in Peru.

    If he married in Nevada and lives in Nevada, with no apparent connection of the marriage to any other state (let alone California), any bigamy charge would occur under Nevada's law.

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