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 percentage 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 officially married.......Bigomy....


Asked on 4/01/10, 5:48 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

The answer depends upon the knowledge of each of you at the time of the second marriage. Individuals that in good faith enter into an invalid marriage are treated as though they were married. An individual who enters into an invalid marriage with knowledge that it is in valid does not receive the benefit of being treated as a spouse. If your ex-wife knew that the divorce was not final at the time of the second marriage she would not be treated as a spouse. Consult with an attorney to review the facts and evidence in your case.

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Answered on 4/06/10, 7:19 pm


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