QUESTION

Bigamy and can I call the law

Asked on Jan 25th, 2014 on Family Law - California
More details to this question:
My husband recently got married in nevada but is married to me in california. Is that bigamy and can I get the law involved
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1 ANSWER

Family Law Attorney serving San Rafael, CA at Richard Helzberg
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Here's the statutory law that would concern you: 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. 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.So yes, it is a crime, and yes, he can be prosecuted. Check with the District Attorney in your county.
Answered on Jan 26th, 2014 at 5:35 PM

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