Legal Question in Criminal Law in California

This is a matter for both the criminal and family courts. You will need lawyers who can represent you in each forum. There are probably some who can handle both, but you will probably be better off with two different lawyers. You may be able to find two who work for the same firm who can more easily coordinate their efforts for you.

Bigamy is a crime in California. It can be charged either as a felony or as a misdemeanor. The punishment can include a fine of up to $10,000 and/or confinement in jail or prison. It is classified as a sex crime, but I do not believe convicted bigamists are required to register as sex offenders. You seem to be guilty of two counts, unless (maybe) you can show that you reasonably believed your prior marriages had ended before you "married" the next men.

At the same time, knowingly "marrying" someone who is already married is also a crime. Like bigamy, it can be either a felony or a misdemeanor and can be punished with a fine of up to $10,000 and/or confinement in jail or prison. If Husband #2 and/or Husband #3 knew you were married when they ostensibly married you, they committed this crime.

I am not sure offhand what statute of limitations governs these crimes, or when the clock begins to run on them. You should consult a criminal lawyer about this issue since it is possible (though not likely) that you can no longer be charged.

It's not clear which man you are referring to as your "current husband". If the divorce case brought by Husband #1 has not yet resulted in an order of dissolution, then he is still your husband and has been since 1995. If the court has ordered a dissolution and you have not married anyone since that order was entered, then you do not have a current husband. Even so, it seems you are talking about the man you call Husband #3.

Threatening to have someone prosecuted unless they meet your demands is extortion, which is also a serious crime. It sounds like your "current husband" is committing that crime in an effort to get custody of your children.

If your "current husband" is Husband #3, then he seems not to understand California's marriage laws very well. Unless the two of you formed a new marriage after Husband # 1 was granted a divorce, the two of you have never been legally married. People who are not married cannot get divorced. His threats about what he will do if you divorce him make little sense.

His conclusion that you have no rights to your children, property or even to a share of his income is misguided. Many unmarried couples with children have split up. The courts can award custody to either parent in these cases, and can also award alimony and child support. Your bigamy will matter a lot to the judge who has to make these decisions, but so will the man's abusive behavior and his attempts at extortion.

It is not clear to me who will look worse to the judge, though my sense is it will be you. Even so, child custody decisions are based upon the best interests of the child. They are not made to punish one parent or to reward the other. If you will be a better parent all in all than the father would be, then you will probably be awarded custody. But if you are locked up for bigamy while the father remains free, he will likely be awarded custody at least until you are released. (If the court thinks he would be an unsuitable custodian, it might award custody to another family member at least temporarily.)

As you aptly put it, you are in a horrible mess. You need to start meeting with family lawyers and criminal lawyers ASAP to sort out your options and decide what to do.

Good luck.

You were only validly married once, and that was to Husband number 1. Your second two marriages are void on the grounds of bigamy, and would have to be annulled.

The problem from your post is that it is not clear whether your two subsequent husbands were aware that you were still married to another man. If they weren't, they are putative spouses for determining community property issues. It is also not clear what you knew, and when you knew it.

I agree with Mr. Hoffman in that you are going to have to speak to an attorney for both the criminal matter and the family law matters.