Legal Question in Criminal Law in New Jersey

Bigamy

I just found out that my husband failed to divorce his first wife (which I also just found out about -- they were married in NJ). We have a son together and have been ''married'' for 14 months now (in WI). His ex/1st wife (what the hell do I call her), called him yesterday afternoon to tell him she wanted $140 for a divorce and then this morning an investigator from the local DA's office comes knocking on the door to ask questions about her allegations of bigamy. What is my responsibility in all this? What are the possible effects to our son? Will a felony confiction on my 25 year old husband's record hoze up the rest of his life? What can I do to help him through this?

Thanks for your time.


Asked on 10/31/02, 9:41 pm

2 Answers from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: Bigamy

The statute for bigamy is as follows:

NJSA 2C:24-1

a. Bigamy. A married person is guilty of bigamy, a disorderly persons offense, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage:

(1) The actor believes that the prior spouse is dead;

(2) The actor and the prior spouse have been living apart for 5 consecutive years throughout which the prior spouse was not known by the actor to be alive;

(3) A court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid; or

(4) The actor reasonably believes that he is legally eligible to remarry.

b. Other party to bigamous marriage. A person is guilty of bigamy if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy.

A disorderly persons offense is NOT a felony level crime. If he is prosecuted for this, and convicted, he can expunge the conviction after 5 years.

Did he reasonably think he could marry?

You have no responsibility, since you just found out.

Should be no effect on your son, other than psychological.

Other questions, call me at 888-777-0455.

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Answered on 11/01/02, 5:14 am
JAY Nixon nixon law offices

Re: Bigamy

Since your husband presumably married you in WI, he would be subject to WI law, specifying that bigamy is a felony. It does not appear that you have violated any laws, since you had no knowledge that he is married. With proper representation, these charges should not be a major life altering event for any of you. Until you have made an intelligent decision regarding securing the advice of counsel, however, you should, as a matter of general advice, speak with nobody. Until you retain a lawyer, helping to pay for the divorce out there would be a good first step which might well help resolve the WI investigation. In most DA's offices, something like this should not be an extremely high priority so long as the situation is in the process of being corrected.

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Answered on 11/01/02, 6:44 am


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