If you find out that your spouse is not divorced from a previous spouse i.e. committed Bigamy, you can:
- File for Annulment as Bigamy is a legal ground for Annulment
- If a Divorce is in progress and not completed, your spouse could complete the Divorce then you could remarry if desired
- If children or property are involved in the current marriage to a spouse who is not divorced, you can still file for Divorce under the ‘putative spouse‘ law. This law states that if a spouse believed that he/she was in a valid marriage then a Divorce could be filed and other issues such as division of property, spousal support as well as custody, visitation and support of children could be addressed.
In most cases, the spouse who committed Bigamy is often unaware that his/her Divorce was not finalized by the court, therefore a simple completion of the Divorce is all that is needed so that the couple can remarry. However, an Annulment or Divorce could also be filed depending on the situation.
If you would like to discuss a California Annulment or Divorce, our experienced Family Law Attorneys can help for Low Flat Fees! Please call our offices at 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com for more information.
Yes VERY CONFUSED!
Kela:
If you spouse was married and not divorced when you married him, you may have grounds for an annulment. If you wish to discuss, please call us @ 818-630-5503. We’re ready to help!
Thank-you for contacting Legal Action Workshop!
I have reason to believe that my husband committed bigamy when he married me. He is a veteran and the VA is taking part of his benefits because he was claiming wife # 2 and wife # 3 at one time. He appealed after we were married trying to get his benefits back but was denied. I heard the conversation (he had his phone on speaker) where his lawyer said he lost the appeal and in order to get benefits back he would have to remarry wife # 3. I am wife #4 and his 1st wife is deceased. Can I get an annulment? We have property together.
Kathy,
Are you in California? Other states may have different laws so the rules stated would only apply to California. If your spouse married you and was not divorced from any of his previous wives, then you could file for an annulment. There are other factors that pertain to annulment such as length of marriage, children, property etc. Often, when we file for annulment we file for divorce in the alternative just in case the annulment is not approved by the judge. You may want to ask your spouse for the divorce paperwork from his wives to make sure that bigamy was not committed. He would need these papers in order to prove to the court that he divorced all wives. The court would also have records of the divorces if he has misplaced them.
If you wish to discuss further you may call us @ 818-630-5503.
Thank you for contacting Legal Action Workshop!
I married a man in 2015 who was not divorced to his previous spouse. He later divorced her in california and it finalized in 2016. I’m just finding out all of this in 2024. Am I eligible for an annulment?
Amaka,
Since you married your spouse when he was not divorced, it sounds like you would have grounds to file for an annulment. To prove this you would need to show divorce papers as well as your marriage certificate.
Hope this helps!
Legal Action Workshop
You may call us @ 818-630-5503 to discuss if you wish!