Legal Question in Family Law in California

Re: Divorcing a Bigamist

Before you take any action discuss the facts with an attorney. In your situation you would be considered to be a putative spouse. This would give you all of the same rights as if you had been legally married. If he was aware that his marriage to you was not valid he would not be a putative spouse and would have no rights. Act quickly as possible to protect yourself.

Re: Divorcing a Bigamist

Unless your spouse's first wife was absent for at least five years prior to your marriage and was believed dead at the time you married, the marriage may be void. This means that it never existed from its inception and it never legally existed. It would be best to bring an action for a Judgment of Nullity in order to eliminate doubt as to your marital status. This might also conclusively determine your respective property and support rights.

Now, having said that, you need to get more detailed advice from a local family law attorney as there are issues which will be affected such as any children you two had together, third party rights to debt repayment based upon what appeared to be community property at the time of incurring the debt, etc.

In addition, it may be to your advantage to simply file for a dissolution and split the "community property" depending on its current value, etc.

This is a sticky problem which requires a more in depth analysis.

It all depends on what you wish to do.

Hope this helps.