Legal Question in Family Law in California

Married again while still married to 2nd wife

If someone is married and then marrys someone else while he/she is still married to his/her wife/husband, is the second marriage automatically null and void or is this union legal in the eyes of the state?


Asked on 10/27/05, 5:22 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Married again while still married to 2nd wife

one cannot be legally married to two people at once period. however, if one or more of the spouses at issue had a good faith belief in a void or voidable marriage at the time of its occurrence, the innocent spouse would be legally protected as a "putative spouse" in the eyes of the law, even though that person is not the legal spouse. the same benefits are awarded a putative spouse as if he or she was the actual legal spouse. the person who knew beforehand that the marriage was not legitimate would be the one in legal trouble.

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Answered on 10/27/05, 6:13 pm


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