Legal Question in Family Law in California
I have a friend who married a second time without divorcing or anulling his first marriage. Both marriages took place in California. Both wives know of this (the first marriage was more or less of convenience) and nobody has any intention of pressing charges. My question is: under CA law, is the second marriage automatically nullified? And if the bigamist man were to die, who gets his stuff? My friend actually believes that both marriages are valid.
1 Answer from Attorneys
Your friend is incorrect. Only the first marriage is legal, the second one is automatically void. The first wife, therefore, will inheret everything if he passes away. Of course, he could make a will and trust naming the second wife as the sole and exclusive beneficiary, but that still does not nullify the first marriage.
Divorce is a relatively simple form filing, especially if both parties are in agreement. Tellyour friend to save himself (and his second "wife" a lot of grief and just properly terminate the first marriage.
If you or your friend would like further assistance, please have them cotact me through my website PasadenaEstatePlanning.com where we can discuss this in a private forum.
Scott
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