Legal Question in Family Law in California

IM GOING THROUGH A DIVORCE IN CALIFORNIA AND IT WAS FILED A LITTLE OVER A YEAR AGO AND WE DON'T GO BACK TO COURT TILL NOV BUT I JUST FOUND OUT THAT MY X MAY HAVE GONE TO VEGAS WITH HIS GIRLFRIEND AND GOT MARRIED (I AM CURRENTLY LOOKING INTO THIS) BUT HE IS WEARING A RING OR SO MY OLD neighbor TOLD MY MOTHER. I HAVE NOT RECIEVED ANY NOTICE THAT HE REQUESTED BIRIFICATION FROM THE COURTS AND I LOOKED UP THE COURT RECORDS AND READ THE MINUTES ON LINE AND THERE IS NO EVIDANCE OF SUCH A MOTION. I WOULD HAVE HAD TO BE NOTIFIED RIGHT? AND IF SO AND I WASN'T CAN HE BE CHARGED WITH BIGAMY??? ARE THERE ANY OTHER PEOPLE OUT THERE WITH THIS SAME PROBLEM OR IS IT JUST ME???? THANKS FOR YOUR HELP. FROM: ORANGE COUNTY WIFE GOING THROUGHT DIVORCE HELL......


Asked on 8/23/11, 2:40 pm

2 Answers from Attorneys

Yes, if he got married without a judgment of dissolution of his marriage to you, he can be charged with bigamy. However you have no standing in the matter. The "victim" is his new wife. She is not legally married to him and can never be unless and until he has a judgment of dissolution of your marriage, and then marries her. He will also now have to get a judgment of nullity of the marriage to her and remarry. I have a client right now who is doing just that. Her husband thought his former wife had finalized the divorce, and he was wrong. So he now has to finalize the first divorce, nullify the existing marriage and then they have to remarry. It's a real mess from the standpoint of insurance and all the other aspects of their financial lives. Ultimately, however, it doesn't affect you at all. So it is no benefit to your case and there is nothing you can do about it except maybe make the new "wife" knows that her marriage to him is totally void and cannot under any circumstances be made a legal marriage until it is nullified and he remarries her after he is divorced from you.

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Answered on 8/23/11, 2:50 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. You can check the Clark County marriage records online, to find out if he did get married in Las Vegas. I would do that before making a three hour drive to Las Vegas to get a record. But as Mr. McCormick says, that is not going to affect you, it simply means his new marriage is a nullity, and his new wife is the victim.

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Answered on 8/24/11, 8:01 am


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