Legal Question in Family Law in California
My husband of 11 years recently found out that he and his first wife never had a final divorce decree.
I believe in the eyes of the court they are still legally married. Does this mean our marriage isn't recognized because he is still legally married to her?
2 Answers from Attorneys
Your husband and his first wife are still married, if no decree of dissolution was ever signed by the judge. This means your marriage is null on the grounds of bigamy.
Your situation is a bit more complicated than Mr. Roach would have you believe. He is correct that the marriage is void. In order to have that be a legal reality, however, it would have to be annulled. In addition, as the innocent party you have the ability to claim most of the rights of marriage even though your marriage is illegal and you want it annulled. If, on the other hand, this is a genuinely innocent mistake, it needs to be cleaned up immediately. An experienced family law practitioner in your area should be able to help you.