Legal Question in Family Law in California

Re: I'm a bigist by accident

If you merely "filed" for divorce but never took a judgment, then you are still married to your first husband. If the court cannot find the filing, then either it did not get filed properly or was dismissed because you failed to obtain a judgment within 5 years. Your solution is fairly simple and causes no real detriment to you, your new spouse or your children. The crime of Bigamy requires intent, and you remarried in a good faith belief that you were married. Legally you have a "putative" marriage. File for a dissolution from your first husband, you should contact him before filing so that you can cooperate and no one is surprised. Then go to the courthouse and get a confidential marriage. It sounds like a good excuse to have a weekend together. No one has found out for 18 years, it is likely that no one will find out now. Good Luck, Pat McCrary

Re: I'm a bigist by accident

You may be able to get the judgment entered retroactively. This is called having the judgment entered "nunc pro tunc". If entered this way, the judgment should validate your current marriages. This is not an opinion on the specific merits of your chances for success. More facts are needed to provide a fully detailed answer.

Re: I'm a bigist by accident

Your marriage can get revalidation from the court. Your present marriage could be challenged only by your first husband, and since he also got remarried obviously there is no threat to your present marriage. Can you get confirmation from your first husband about the details of your first divorce?, if so you can move to court with all details and facts.

I wish you all the best.