Legal Question in Family Law in California
I was married 18 years ago, A few years after he had disappeared, I met someone and wanted to marry, so as I searched public records, there was no record of the marriage. So I got married. 5yrs down the road we split. Took me till 2007 to get the divorce final. Here it is 2009 and husband #1 reappears and he, I and his children have reconciled and he has a copy of marriage certificate. After digging, we find it in confidential marriages, how it got there bewilders me. My first husband wants to renew our vows and he does NOT want my last name to be this other mans, he wants me to take back his name. I have two questions; 1) Can I get charged with bigamy? 2) How do I go about getting our marriage status and take his last name? I never changed back to my maiden name.
Thanks
Jennifer
1 Answer from Attorneys
Without knowing all the details of your original marriage 18 years ago, I don't feel comfortable giving you advice on this. I think you are OK on bigamy, though I haven't researched it, because I think it is a specific intent crime, meaning you have to intentionally have two spouses at the same time, not by mistake about the invalidity of the first marriage. If, in fact, you can find an invalidity in the first marriage, your answer is simple: get married now and do it right!