Legal Question in Family Law in California
i married a woman in 1989 married another woman in 1991 but did not divorce the first one until 2004. Is the marriage to the second wife valid and if so what steps do i take to resolve this situation.
2 Answers from Attorneys
Your second marriage is void on the grounds of bigamy. You will have to file a petition to annul the marriage. Your second wife may be a putative spouse, if she was unaware that your first marriage was not terminated.
Mr. Roach is correct. The second marriage is completely void and must be annulled, but she can elect to treat it as valid for community property and support purposes, if she was unaware of the pre-existing marriage. If the two of you are happy together and want to continue to be married, then the putative spouse status actually simplifies things, and you can simply remarry once the annulment is completed. If you are going to remarry, the annulment is also pretty simple and can be done relatively cheaply. I am actually handling a case just like yours right now in Solano County. If you would like to arrange an initial consultation in my Walnut Creek office about getting this sorted out for you, please give me a call or send me an email.