Legal Question in Family Law in California
If after 48 years of marriage you discover that you married two weeks before a first marriage was final is your second marriage legal? If not, and both spouses want to stay married how can it be made legal? At the time of the second marriage I checked with the attorney and he gave me the date that I would be free to remarry. I have discovered recently that he was obviously off by a few weeks. I know it's no excuse but I was young and he was the attorney so I thought he must know? I'm in shock and need some direction?
Thank you
2 Answers from Attorneys
You are considered a putative spouse who in good faith believed that you had an intact marriage. Please meet with an experienced family law attorney to explore the significance of this information.
If you are the spouse who was not married before, you would be a putative spouse. If you were the one who was married before, you should have known better and are not going to be afforded any putative spouse status. To be legal, you would have to get married again, but only after you made sure the prior marriage was properly terminated.
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