Legal Question in Family Law in Florida

Bigamy or not?

if you are abandoned by your spouse for years, and you remarry someone else later is that bigamy? And is the second marriage legal? and if not is a divorce needed for one or both marriages?


Asked on 6/30/07, 2:35 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Bigamy or not?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, it is bigamy. You must file for divorce from the first spouse before you can get remarried.

The second marriage is probably void as a matter of law and of no legal effect. You should consult a marital attorney to discuss your legal rights and obligations in order to resolve your problems.

Scott R. Jay, Esq.

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Answered on 7/03/07, 9:23 am
Michael Stewart Michael D. Stewart

Re: Bigamy or not?

Divorce the first by publication, as stated, and then remarry. This will most likely work, though not guaranteed, as the second marriage was probably void.

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Answered on 7/03/07, 2:31 pm
Nicole Hessen Rosenthal, Levy & Simon, P.A.

Re: Bigamy or not?

If you are abandoned by your spouse and cannot locate him/her you can submit a Petition for Dissolution via Publication (Divorce by Publication). This is the best way to handle it prior to re-marriage.

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Answered on 7/01/07, 9:20 am


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