QUESTION
If you marry someone while already married but then divorce spouse number one are you guilty of a crime?
Asked on Jan 24th, 2014 on Divorce - Florida
More details to this question:
I thought I was divorced from husband #1 when I married husband #2 but I wasn't. It was soon after that, I was legally divorced from husband #1. My question is "per Florida law", can I be charged now with any crime? The 2nd marriage was a mistake and I read online that it isn't a valid marriage. What do I need to do to get out of the 2nd marriage? I don't want to be married to anyone. Thank you for your help.
3 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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It's unlikely that you'd be charged with a crime if the bigamous second marriage was truly a mistake, as you state. As for the second marriage, generally it would be considered void because it was bigamous. You don't indicate how long the second marriage is, whether there are any children or property owned together, which can add further complications to your situation. You should consult with a family law attorney in your area and discuss the specific facts of your case with them.
Answered on Jan 28th, 2014 at 11:56 AM
John Arthur Smitten
Yes - bigamy, however the state never prosecutes this. You need to get an annulment plus a divorce.
Answered on Jan 28th, 2014 at 11:42 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The crime that you could be charged with is bigamy. It is a 3rd degree felony for which the punishment could be as much as 5 years in prison, but that is highly unlikely. Since you were not legally married to your second husband, as the marriage is void, and you might need to get an annulment, but really do need to get to a family attorney.
Answered on Jan 28th, 2014 at 11:38 AM