Legal Question in Family Law in Virginia

bigamist

How to turn in a bigamist? My ex-husband remarried on 2-12-2005, but our divorce wasn't finalized until 3-22-2005.

Now that the divorce is final, is his new marraige legal? And

who would I notify about this illegal act?


Asked on 3/30/05, 11:01 am

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: bigamist

Get a life.

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Answered on 3/30/05, 1:35 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: bigamist

Your question is governed by two laws:

� 20-38.1. Certain marriages prohibited.

(a) The following marriages are prohibited:

(1) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

AND

� 18.2-363. Leaving Commonwealth to evade law against bigamy.

If any persons, resident in this Commonwealth, one of whom has a husband or wife living, shall, with the intention of returning to reside in this Commonwealth, go into another state or country and there intermarry and return to and reside in this Commonwealth cohabiting as man and wife, such marriage shall be governed by the same law, in all respects, as if it had been solemnized in this Commonwealth.

So - it is a prohibited marriage and thus VOID, and even if it is legal in another state, it is ruled by Virginia law.

Your question - who do you notify? No one. It is not a criminal act. He however isn't legally married. Who is it that you want to tell? If you have any sympathy, tell his purported spouse, she may want to remarry him - or maybe by now is smart enough not to make the same mistake twice.

Good luck.

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Answered on 3/30/05, 1:38 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: bigamist

If, as you say, "now that the divorce is final," how is this your problem?

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Answered on 3/30/05, 2:11 pm
Brian Miller Brian M. Miller, Attorney at Law

Re: bigamist

You would contact the magistrate's office in the county where the second marriage took place and see if that is a prosecutable offense. His second marriage would be considered void because you cannot marry someone if you are still married to another.

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Answered on 3/30/05, 11:22 am


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