Legal Question in Family Law in Florida

Bigamy

My husband and I are sperated. I have discovered that his divorce from his first wife was not final yet when he married me. How can I legally end this marriage that apparently never was legal in the first place. Do I still need to file divorce? I do not want to file charges, I just want to erase the marriage and get my name back. His divorce from his first wife became final 3 days after our marriage occured, but I did not find out until now (2 years later).


Asked on 1/02/02, 1:23 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Bigamy

There is no need to press criminal charges against your Husband. Although bigamy technically exists, it is unlikely to become an issue unless one of the parties brings it to the court's attention.

I would suggest that you proceed in filing your Petition for Dissolution of Marriage as if the issue of bigamy does not exist unless you feel that it is important to bring it to the court's attention.

In my practice, I did experience this one time and the Judge was extremely upset and threatened the Husband with criminal charges only when he refused to cooperate with the Court.

If you have further questions, you should consult with a family law attorney in your area and discuss the specifics of your case.

Scott R. Jay, Esq. 305-249-8000

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Answered on 1/02/02, 6:08 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Bigamy

It appears that you are entitled to that "erasure", known as annulment. Your mate did not have the capacity to engage in a marriage contract. Throw the bum out.

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Answered on 1/02/02, 10:03 pm
Sanford Martin Martin Law Office

Re: Bigamy

Based on the information provided, you are advised to proceed with obtaining a divorce. It is not likely an issue of bigamy which is a criminal matter. You do not have to file "charges" in order to obtain a divorce; divorce is basically no-fault. Proceed with the divorce as if the marriage is valid (it likely is valid); you can ask for return of your former name as part of the divorce.

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Answered on 1/02/02, 2:23 pm


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