Can I invalidate our marriage based on bigamy?
Full Question:
My husband and I got married 3 years ago, in California. Recently I could feel a change in him. Whenever I questioned him about this, he would either ignore or evade my question. Once while he was drunk, he confessed about his former wife who he had never divorced. I do not want to be married to my husband anymore. Can I invalidate my marriage?
11/30/2016 |
Category: Divorce ยป Annulment |
State: California |
#27357
Answer:
Per California Family Code §2201:
“a) A subsequent marriage contracted by a person during the life of his or her former spouse, with a person other than the former spouse, is illegal and void, unless:
(1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage
(2) The former spouse (A) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (B) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.
(b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.”
Per California Family Code §2210:
(1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage
(2) The former spouse (A) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (B) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.
(b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.”
“A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:
(a)***
(b) The spouse of either party was living and the marriage with that spouse was then in force and that spouse (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted.
(c)***
(d)***
(e)***
(f)***”
Since your husband has committed bigamy, your marriage may be illegal, voidable or void unless the former marriage is dissolved or nullified before the subsequent marriage.
Your marriage may be thus invalidated.
Or it as believed that the former spouse is absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage
