Legal Question in Family Law in California

After getting remarried,I have found out the ex,that I had not heard from in 11 years, did not get the divorce that I thought she had.What do I do to correct this,without going to jail? There are no children,nor community property involved.


Asked on 4/01/16, 9:04 am

1 Answer from Attorneys

While not common, this is not the first time I have encountered this. You don't need to worry about going to jail. Bigamy is only a crime if it was knowing and intentional. You do, however, have a void marriage right now, which has the potential to cause a myriad of problems down the road, including issues with Social Security, taxes, insurance coverages, and what happens once you pass away.

The first thing you need to do is get the old divorce finalized. Technically, if the divorce was not finalized, the case should still be open, though it is possible it was dismissed. Either way, with no children and no community property, you can pretty quickly and easily do or finish the divorce using the help of the Family Law Facilitator or similar self-help office in the relevant county, and perhaps a book like Nolo Press' "How to Do Your Own Divorce in California."

The next step is to annul your current marriage. That too, in a case like this, is pretty simple, but you will need an attorney at least on a limited scope representation, to walk you through it. This is to "clear the books" of the record of your existing marriage which, although it is void, remains on the books incorrectly appearing valid until the annulment is recorded.

Step three is get remarried. You appear to know how to handle that. :-)

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Answered on 4/01/16, 11:14 am


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