Legal Question in Family Law in California

Legal Marriage

I got married two years ago noy knowing that was already married (my divorce was not yet final). I recently filed for divorce, but I am wondering since I was already married at the time is the marriage legal?


Asked on 1/03/07, 7:31 pm

1 Answer from Attorneys

Laurence Haines HainesLaw

Re: Legal Marriage

Your second marriage [based upon bigamy] is void and legally not a marriage. This means that a subsequent marriage while still married to another is illegal and void from the beginning. See Family Code Section 2201(a)(1).

Keep in mind that your current spouse may very well have "putative spouse" status if he or she believed in good faith at the time you married that the marriage was valid. This means that they may be entitled to property, support and attorneys fees/costs similar to those attaching upon the dossolution of a valid marriage. See California Family Code Sections 2251, 2254 and 2255.

Your best bet is to change the dissolution action to a request for an annulment. This would eliminate doubt as to your marital status and will also conclusively determine your "marital" property and support rights.

Good luck.

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Answered on 1/08/07, 1:59 pm


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