Legal Question in Family Law in California

Bigamy/Divorce

I have a very complicated question. I was married 4 years ago in PA. Afterwards, we found an Acto De Matrimono that said ''my husband'' was legally married to his ex. We consulted several lawyers who charged us a lot of money and told us that they didn't know if it was legal and would cost thousands of dollars to research. They advised divorce but told us to wait over a year in case if the ex would not go along with it. Although she had been living with someone else, she is very vindictive and dangerous.

The lawyers also told me just to keep everything the same, to live with him and keep my rings. They told us that after the divorce was complete, we would be considered legally married. However, they said we had to remarry to protect ourselves.

Since then, we have moved to California and so did she. They proceeded with the divorce out here. Two weeks before the last hearing, the man was deported. I had never heard of filing an annulment for this until now. I very possiblly want to remarry him but I'm not sure what my options are. Can you help me?


Asked on 4/04/09, 4:30 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Bigamy/Divorce

To make sure I'm following you: Your husband had a pre-existing marriage that wasn't terminated prior to your marriage. He has now completed a divorce, or maybe he was deported before the final hearing and the hearing didn't go forward. Is that right?

If I have this right it is not complicated at all. This is not complicated Your subsequent marriage is invalid, "void ab initio," and can't be fixed. If you want to remarry, you have to remarry to have a valid marriage. But he's been deported? There might have been something you could have done to prevent that but now, it sounds like he's at least subject to a 10-year bar from returning to the US. So there are serious immigration problems too.

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Answered on 4/04/09, 12:58 pm


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