Legal Question in Family Law in California

If I married a woman over twenty years ago and then remarried without divorcing the first one is the second marriage legal or binding.


Asked on 3/07/12, 2:33 pm

4 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

If your current wife reasonably believes this marriage is valid, she is considered a putative spouse. I urge you to meet with an experienced family lawyer to carefully assess your legal options

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Answered on 3/07/12, 2:46 pm

It is most definitely not legal, it may be binding on you as Ms. Kock indicated. You have a void marriage, but one that she may be able to enforce against you under the Family Code as to collecting support and claiming community property.

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Answered on 3/07/12, 2:54 pm
Brian McGinity McGinity Law Office

It this type of situation time does not heal all wounds. As Ms. Kock and Mr. McCormick have stated the marriage is void. The second marriage was never valid under the facts you have provided. As such you are still married to your first wife. Your second wife may be considered a "punitive spouse" if she honestly and reasonably believes the marriage between you two is valid. This is a mess and you need an attorney as soon as possible.

Good luck

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Answered on 3/07/12, 6:21 pm


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