QUESTION
How do you get a divorce in a bigamous marriage?
Asked on Dec 11th, 2013 on Divorce - New York
More details to this question:
My friend got married, never got divorced and then got married again in another state with his second wife having full knowledge that it was bigamy. How does he dissolve BOTH marriages?
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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He is a bigamist. in most states that is illegal and he could go to jail (but that probably will not happen) To try to protect against criminal charges, I would recommend that he file a divorce action in the second marriage. or file for an annulment because the second marriage was arguable void (because it was illegal) After the initial divorce action is completed file another divorce action for the first marriage. (he will not longer be a bigamist and he might get that one through without hassle anyway)
Answered on Dec 17th, 2013 at 5:02 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The second marriage is in fact not a marriage as he did not have the legal capacity to wed. The first marriage would be dissolved through a divorce.
Answered on Dec 17th, 2013 at 5:02 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The second marriage had to be declared invalid. The first one gets a divorce.
Answered on Dec 17th, 2013 at 5:02 AM
First, the 2nd marriage is not a valid marriage because he was already married, so he need not get a ?divorce' from the 2nd wife. He should, however, present a certified copy of the marriage certificate for the 1st marriage, to the Court in the 2nd marriage so the Court can declare the marriage invalid. He can file for divorce in the first marriage or he and his wife, from the first marriage, can agree to Mediate. Mediation is Fast, Effective and Affordable.
Answered on Dec 17th, 2013 at 5:01 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Timing is crucial. Divorce the first wife, then the second. He could divorce the second, but there might be a question of whether it should be annulled. The second wife might try for an annulment, but since she knew about it, the court might not grant it. It depends on each state's laws.
Answered on Dec 17th, 2013 at 5:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Divorce the first, the second was a nullity but I would have it taken officially off the record as well by court order.
Answered on Dec 17th, 2013 at 5:01 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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1. Report to?Police 2. Notify Clerk of Court for marriage #2 3. Hire attorney to file for dissolution of marriage 1 on grounds of bigamy.
Answered on Dec 17th, 2013 at 5:00 AM
The second marriage is a void marriage. He can file a Petition for Dissolution, checking the box for grounds that it was a bigamous marriage. Then he needs to file for divorce of his first wife. Then he will really be free to re-marry.
Answered on Dec 17th, 2013 at 5:00 AM
Bruce Provda
He'll be lucky he doesn't go to jail.
Answered on Dec 17th, 2013 at 5:00 AM