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My friend was still married to his ex- wife, when he entered in a common law marriage with a second wife. Five years later the second wife got pregnant so he decided to divorce his first wife and filed for divorce. The second wife was aware from the beginning that he was still married to his first wife. After he the divorce was final, him and his common law wife applied for a marriage license. Was their common law marriage considered legal? Is there a bigamy? If yes, can my friend file for bigamy after all this time? I would appreciate an answer. Thank you.
5 ANSWERS
If the couple is in California, there is no such thing as a Common Law Marriage any more. Therefore there was no Bigamy.
Answered on Jun 17th, 2013 at 10:23 PM
Landlord & Tenant Attorney serving Boise, ID
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Shultz Law PLLC
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Idaho only recognized common law marriages that were already in existence before January 1, 1996. Therefore unless your friend's ex, had begun living with his second wife on or before December 31, 1990, the relationship he had while still married to you friend. I do not think you have a case of bigamy here. And even if you did it is a criminal charge not a civil open. Adultery sounds a bit more like what was going on with your friend's ex, but it would be of no benefit to you friend to seek adultery charges. Idaho is a no-fault divorce state, which essentially means "irreconcilable differences" is all that is required to petition for dissolution.
Answered on Jun 17th, 2013 at 10:23 PM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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Actually the question of bigamy need not even come up in this context because North Carolina does not recognize common law marriages. So the second woman was in fact not a wife [yet] while he was still married to the first woman. Then he divorced 1st and married [for the first time, legally] the 2nd so the 2nd is just a regular, legal marriage. I would also add that even if bigamy were an issue, it's usually not raised by the person in common who has the two spouses since he/she had to have known and otherwise created the issue). Rather, it's usually brought up by one of the other two "spouses".
Answered on Jun 17th, 2013 at 10:14 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I do not understand First Michigan does not recognize common law marriages so its is unlikely Second it is the man (e.g. your friend) that would get thrown in jail for bigamy. So why would he file bigamy charges?
Answered on Jun 17th, 2013 at 1:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Bigamy is when a person is married to two people at the same time. From the facts which you have disclosed does not appear that this was the case. At least in Michigan, there is no such thing as a common law marriage and there must be a marriage ceremony before a proper official at the return of the marriage license to the city and state for a marriage to be recognized legally. I am not certain that I fully understand the reason for your questions, but you are welcome to call my office for an appointment and provide further details.
Answered on Jun 17th, 2013 at 1:56 PM