Legal Question in Family Law in Utah
Could my husband get charged with bigamy?
My husband (from India) is now a US citizen (since 1999) and we've been married 7 years. I am from US.
Before that in India he was married in a Hindu ceremony-and had a child. My husband's name is on the child's birth certificate.
When they split up (due to her committing adultury) there was no official divorce as there was no legal paperwork stating they were ever married. They have no marriage certificate or paperwork of any kind proving they were married.
Now she is in the US on a visa and is trying to cause trouble.
Does she have any legal right here to try to collect any child support money and could he get into trouble for not getting an official divorce (aside from witnesses there is no proof of their marriage validity)? Most importantly, is there some action we need to take to prevent him from getting into any legal trouble?
Thank-you for your help!
1 Answer from Attorneys
Re: Could my husband get charged with bigamy?
The marriage in India, and subsequent divorce were supposedly according to Indian law. If so, you should not have any problem here. However, if there are some aspects of the law of India which gives her rights she may be able to make a claim here, although she would first have to convince a US court of the validity. However, a US court would probably enforce a child support order, since US courts enforce domestic support orders. Unless your husband has somehow been absolved of his child support obligation, he should be contributing to the support of his child. He certainly has a moral obligation to the child.
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