Ronica said:
california state,
i recently got married, no children, no joint properties or bank accounts, not living together at present. i just found out my husband is married in mexico. does that mean that our marriage is not valid, what do i need to do to make it null and what are the consequences that will come along with this?
My response:
Make sure you have certified copies of his marriage from the Mexican Government as your proof. You'll need to file your Petition for Nullity, and thereafter ask him by way of "Discovery" to provide you with proof of a divorce, from any country. If he cannot, then your marriage is void.
Void marriages; bigamy
A void marriage is one that is:
Bigamous or polygamous [Family Code §2201]
A bigamous or polygamous marriage is a subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife. Such a marriage is illegal and void from the beginning, unless [Fam C §2201]:
(1). The former marriage has been dissolved or declared a nullity prior to the date of the subsequent marriage; or
(2). The former husband or wife is absent and not known to such person to be living for 5 successive years immediately preceding the subsequent marriage, or is generally reputed or believed by such person to be dead at the time a subsequent marriage was contracted, in either of which cases the subsequent marriage is only voidable. [For further discussion of voidable marriage]
Where a bigamous or polygamous marriage is voidable, a nullity action can be brought by either party to that marriage during the life of the other [Fam C §2211(b)(1)] or by the spouse from the prior continuing marriage [Fam C §2211(b)(2)].
A void marriage is considered to be legally nonexistent from the beginning, and, technically, the "spouses" can simply leave each other without any legal action. However, if there are children and property of the marriage, a nullity judgment should be obtained, since it will officially declare the marriage void and will make the declaration (annullment) a public record.
Voidable marriages
As more fully explained in separate sections below, a marriage is voidable and may be declared a nullity if any of the following six conditions existed at the time of the marriage, and if the annulment action is brought by the proper parties within the limitations period specified by Fam C §2211:
(1). Minority [Fam C §§301, 302, 2210(a)]
(2). Unsound mind [Fam C §2210(c)]
(3). Fraud [Fam C §2210(d]
(4). Force [Fam C §2210(e)]
(5). Physical incapacity [Fam C §2210(f)]
(6). Bigamy [Fam C §§2201(b), 2210(b)]
A voidable marriage is valid for all civil purposes, between the parties and against the world, until it is declared a nullity. [Re Estate of Gregorson (1911) 160 Cal 21, 116 P 60]
Good luck to you.
IAAL
