Legal Question in Family Law in New York
Bigamy-statute of limitations
The woman I married in 1974 abandoned me and our daughter in 1976. In 1977 she left New York for parts unknown. In 1979 I was informed by a mutual acquaintance that My wife had divorced me and remarried. I was told that she had secured a divorce.
I assumed that we were legally free of each other. In 1988 I remarried. In 1993 I discovered that, although my "ex wife" had indeed remarried in 1979 she, in fact, did not secure a legal divorce from me. She is now legally divorced from the man she married in 1979. Am I still legally maried to wife # 1? If so, can I be prosecuted under the bigamy statutes or is there a statute of limitations on bigamy? Is my marriage to wife # 2 void? If my current marriage is void, what is my legal recourse?
1 Answer from Attorneys
Re: Bigamy-statute of limitations
Based upon the facts you stated, you are still married to your first wife and will need to obtain a divorce. Your second marriage is void. Question, when you obtained your marriage license, didn't you have to show proof of your divorce?
Daniel Clement