Legal Question in Criminal Law in California
Bigamy
A friend was charged with bigamy. One of he marriages was in mexico and not valid in mexico as they were not in country long enough, nor had blood work as required by mexico. Can this charge stick?What is needed to prove bigamy?
1 Answer from Attorneys
Re: Bigamy
Bigamy occurs when a married person gets into what would otherwise be a legal marriage with a different spouse. If you are right that the Mexican marriage was not legally valid (and if that was your friend's only prior marriage) then he isn't guilty, though if there is such a thing as attempted bigamy he may be guilty of that.
Your belief that the Mexican marriage is invalid might be mistaken. Even if you correctly understand Mexican law, it's possible that American law still recognizes a Mexican marriage where the couple emigrates before the marriage becomes official in Mexico.
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