Legal Question in Family Law in California

Married in april 2008, found out my first divorce wasnt final until dec 2008. 2nd husband is in military and we both tried to fix the situation but we didnt know what to do. We let it go for 2 1/2 years since we married in good faith. recently caught him cheating several times, kicks my children and I out of on post housing, moves his girlfriend in and he is now threatning legal action against me. I would like to know if I can get in trouble for this.. He keeps threatning me with Jag.

When him and I married in 2008, he kept telling me that he wanted us to be married before his deployment, when we went to the court house He also filled out the marriage certificate on the computer and checked the box that I was never married.. I look back on all this and regret it all.. I cant think straight, im trying to find a job to support my children and I since he claims he shouldnt have to help me out. Please help..

Can he get me in trouble?? thank you soo much in advance


Asked on 3/22/11, 4:00 pm

3 Answers from Attorneys

You ARE in trouble. You are guilty of bigamy. Your marriage is void. The only good news is that statute of limitations on criminal prosecution will run out on your third anniversary. You need to find a local lawyer IMMEDIATELY.

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Answered on 3/22/11, 7:58 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

I think its important to know WHEN you learned the divorce was not final. Be sure to share that information with an attorney you should meet with in an office consultation to discuss your legal options. You should bring any and all divorce paperwork with you so the attorney can provide the most complete analysis.

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Answered on 3/23/11, 8:14 am
Anthony Roach Law Office of Anthony A. Roach

Your second marriage was not in good faith, because you knew you weren't divorced from your first husband when you entered into your second marriage. Filing papers for divorce is not the same as having a judicial decree of dissolution of marriage. IGNORANCE OF THE LAW IS NOT AN EXCUSE AND IS NOT A DEFENSE. It does not make you a putative spouse.

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Answered on 3/23/11, 8:43 am


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