Legal Question in Family Law in Texas
I recently found out that my divorce from my prior marriage was not finalized as I thought it was before I was married again. The marriage took place in August but the divorce was not finalized until March. My second wife and I had another marriage ceremony in June of that year as well but were not aware that my divorce was not finalized until March. I am now divorcing my second wife and she is holding having me arrested for bigamy over my head if I don't give her full custody, half of my paycheck, all of our household goods and basically do whatever she tells to do. The divorce was finalized and we did have another ceremony after that and that was almost five years ago. I am only married to one person and not two. Can I be arrested and go to prison, who can I correct this and do I have to live my entire life with her threats hanging over my head. I really need help!
1 Answer from Attorneys
The statute of limitations for bigamy is three years. Prosecution for bigamy is barred three years from the effective date of the end of the first marriage since after the end of the first marriage, you could not have been married to two people.
Assuming your second ceremony to your second wife occurred after the divorce to your first wife and your second wife and assuming this ceremony took place five years ago, it appears that prosecution is barred.
Even if it was not barred, you may have defense if you reasonably believed that your first marriage had ended when you first married your second wife.
Although your first marriage to your second wife was void when you were married in June, because the divorce from the first wife was not effective until August, when that divorce became effective, under the family code, your marriage to your second wife was ratified on the date the divorce became effective.
I suggest you get a divorce attorney to assist you with your divorce.
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