Legal Question in Family Law in California

For some odd reason, given that family law is a small part of my practice, I have had two of these cases in the last couple of years. So I know exactly what you are dealing with. First off, no one can say from a brief blurb in the internet whether or not you are a putative spouse. Realistically, however, that is only a meaningful issue if one of the spouses wants to use the bigamy as a way to get out of the marriage. If you and your spouse want to be legally married, you can stipulate that you are a putative spouse and that will be a part of the judgment.

Now, "what judgment" you say. Being a putative spouse is between you and your spouse. It doesn't validate your bigamous marriage. To be legally married you must first annul the bigamous marriage, and then remarry. In the judgment of annulment you include a finding that you are a putative spouse. Then you have a nice "renewal of vows" ceremony, which in fact is your first legal wedding, but who needs to know. ;-)

Putative spouse, not punitive. It does not apply to you because you knew you were married before and got married again without properly terminating your prior marriage. The putative spouse doctrine is a doctrine that is applied in divorce proceedings where a marriage is void. An innocent participant who believed the marriage was valid acquires the status of a putative spouse.

You need to find out if your first marriage is terminated or not. Given the significant passage of time, it may be that the first marriage is terminated by death. Only when the first marriage is terminated with a decree of dissolution can you legally get married again.