Legal Question in Family Law in Mississippi
Bigamy within a Marriage
I've been married for 8 years and just separated and want a divorce. I've found out that my ''husband'' never got a divorce from his last wife. Are we legally married? Do I even have to get a divorce?
Thank you...
Susie
3 Answers from Attorneys
Re: Bigamy within a Marriage
Although you aren't legally married, you'll still have to go to court to resolve the issue.
Re: Bigamy within a Marriage
Bigamy is a ground for divorce even though the marriage is void from the inception because you were not validly married. You still need to proceed forward with a divorce.
Re: Bigamy within a Marriage
The second marriage is void if there was no divorce or anullment of the first marriage. You may have a claim for fraud but you have one year to file suit after the date you knew or should have known about the fraud. You may also have claims for conversion and recovery of your property and a claim for intentional or negligent infliction of emotional distress.
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