Legal Question in Family Law in California

Bigomy

both my ex-wife and i were married the first time, not being sure if our divorces were officially done, we got remarried again, she told me they were done, when our marriage was going through a divorce and i went into our paperwork to check on dates i found out that both times we got married we were still married to our previous spouses each time, during our divorce the judge awarded her a percntage of my retirement my question is if we were both still legally married to other people at the time of our marriage is she still entitled to my retirement, since we were not ever offically married.......Bigomy.........


Asked on 4/08/09, 11:34 pm

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

Re: Bigomy

The judge must find that she was a putative spouse, that is, that she was innocent of knowing there was an impediment to your marriage. If she were previously married and has no good faith belive for believing her prior marriage is terminated, there is no good faith, she can't be a putative spouse and she can't get those benefits.

So within my outline here, you tell me how it played out and where the issue is/

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Answered on 4/09/09, 2:24 am


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