Does she have any grounds to sue for polygamy? 4 Answers as of July 12, 2011

My fiance and I recently had a commitment ceremony in Mexico. his divorce is not finalized yet, so we did not file paperwork of any kind. Only held was looked like a wedding (dress, floweres, pictures, etc). Now my partners soon to be ex-wife if claiming she will sue us for polygamy, and that our "wedding photo" is proof. We are filing our taxes as single, not claiming marriage status with work or for benefits. Only living together and wearing wedding rings. Does she have any grounds to sue for polygamy? Have we done anything illegal?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
Marrying someone why they are married to someone else in California is a crime. However, it is rare that the District Attorney's office will prosecute such a crime. However, even if the D.A. did prosecute they would have to show that the "marriage" conformed to all the requirements of the law in the state or country the parties were married in.
Answer Applies to: California
Replied: 7/12/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
No, you did nothing wrong so long as a commitment ceremony in Mexico does not constitute a valid marriage in that country. IF it is not considered that you are married in Mexico then you have nothing to worry about.
Answer Applies to: California
Replied: 7/12/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
There is no lawsuit in California that I am aware of for polygamy. If you actually had gone through with a real marriage, then it would be void on the grounds of bigamy, but she doesn't have a claim against either of you that I can think of at this time.
Answer Applies to: California
Replied: 7/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
What you did is not illegal. You only went through a "commitment" ceremony, not a wedding. There is no private lawsuit or remedy for polygamy or bigamy in California. Whereas the "wedding rings" and the "wedding photo" may be problematic, inasmuch as you didn't actually marry your partner, and you didn'tget a marriage license, your risk of being prosecuted by the state or county for bigamy (or polygamy) is practically nonexistent. After your partner's divorce Judgment has been entered, you can get married to him.
Answer Applies to: California
Replied: 7/12/2011
Click to View More Answers: