Can I file bigamy and nullification of marriage due to psychological incapacity? 4 Answers as of February 13, 2012

If you spouse was not divorced from the first spouse, then your marriage is already null, or as if it never happened. You do not need a divorce.

No. Bigamy means being married to two people at the same time. There are other grounds to seek an annulment, but bigamy won't work on your case.

The Petition form in California does not contain any listing of specific grounds for annulment. At the annulment hearing, you would need to provide your testimony and evidence to the Court on any legal grounds that you deem reasonably appropriate. You would be wise, if you are seeking an annulment (on any grounds), to file your Petition requesting both Nullity and Dissolution of Marriage, so that in the event the Court declines to grant you an annulment, you can still proceed at the same hearing to get a divorce.

You can claim both issues to get an annulment.