Do I need a divorce if I am married to someone who is a bigamist? 8 Answers as of October 28, 2011

If I am married to someone who is a bigamist, do I need a divorce? This man is already legally married. There is no case I just need to know what I need to do, I live in California.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You don't need to divorce somebody who was already married when you married him. Even though that prior marriage made your marriage void, you would be wise to file an Annulment action, because you may not be able to get a marriage license from the County Recorder without evidence that your marriage was terminated by some means.
Answer Applies to: California
Replied: 10/18/2011
The Law Office of Erin Farley
The Law Office of Erin Farley | Erin Farley
If the man was already married, he can not then legally marry you. But you may have rights as a "putative spouse" so long as you did not know he was already married. In the case of bigamy, you file for an annulment of the marriage.
Answer Applies to: California
Replied: 10/12/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
If your partner had a valid marriage at the time you thought you were married to him can be handled in two possible ways. If you were uncertain as to his marital status at the time you got together and suspected things were not quite right, the approach is to argue that you have no valid marriage. However if you in good faith thought you were rightfully married to the man, you may consider claiming that you are a putative spouse: someone who legitimately believed in good faith that your marriage was valid. To claim putative spouse would open the door to claiming any property acquired during the marriage as well as spousal support rights. Please talk to an attorney about the best approach for your situation.
Answer Applies to: California
Replied: 10/12/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Yes, you must file for an annulment based on a bigamous marriage. If you were not aware of your spouses prior marriage, you may still be entitled to your share of community property. You should consult with a family law attorney to assist you in filing for your annulment.
Answer Applies to: California
Replied: 10/12/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
File for disso and request putative spouse rights.
Answer Applies to: California
Replied: 10/28/2011
    Law Office of James L. Miller
    Law Office of James L. Miller | James Miller
    What you need is a judgment of nullity. A bigamous marriage is void which means your marriage has not taken place. You don't need a judgment of nullity but it is best to do so to cover yourself. You may also be entitled to community property under certain circumstances. There are exceptions to bigamy being a void marriage. If the party thought his spouse was dead or for 5 years prior to the new marriage the other spouse had been gone and the spouse did not know she was living.
    Answer Applies to: California
    Replied: 10/11/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Depending on certain unstated facts in your question, you may be able to pursue an annulment. Getting an annulment is somewhat of a technical process. Best to consult with a family law lawyer near you.
    Answer Applies to: California
    Replied: 10/11/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Your marriage is invalid in California because your spouse was already married. You should seek an 'annulment', so that you have an Order from the Court clearly stating that you are not married. It is your best protection. You can represent yourself. Contact your local Clerk's Office for assistance. It is a fairly simple matter. The grounds for the annulment are 'bigamy'.
    Answer Applies to: California
    Replied: 10/11/2011
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