Is my marriage legal?

What is the name of your state? New York

I married in July 1989. I am now getting a divorce. I recently found papers that my husband was legally separated when we married and did not get a final divorce decree from his 2nd wife until 1991. He also married a 3rd time but the 3rd wife sued him for annulment because he was still married to wife #2. Am I legally married or am I married to a bigamist? What is the penalty for bigamy in NYS?

Here are the laws:

I don't know if the state considers you legally married but if they do, you are married to a bigamist.

Instead of divorce, perhaps annullment is the way to go. I'm not sure.

Anyway, here are the applicable laws:

Penal Law Sec. 255.15 Bigamy.

A person is guilty of bigamy when he contracts or purports to contract a marriage with another person at a time when he has a living spouse, or the other person has a living spouse. Bigamy is a class E felony.

Penal Law Sec. 255.20 Unlawfully procuring a marriage license, bigamy, adultery: defense.

In any prosecution for unlawfully procuring a marriage license,
bigamy, or adultery, it is an affirmative defense that the defendant
acted under a reasonable belief that both he and the other person to the
marriage or prospective marriage or to the sexual intercourse, as the
case may be, were unmarried.


Penal Law Sec. 70.00(2)(e) Sentence of imprisonment for felony.

2. Maximum term of sentence. The maximum term of an indeterminate
sentence shall be at least three years and the term shall be fixed as
follows:
(e) For a class E felony, the term shall be fixed by the court, and shall not exceed four years.

Good luck.

[Whyte Noise]

Lemme make sure I have the dates right...

Married #1 in 1971, divorced in 1976. (legally)
Married #2 in 1975, divorced in 1991. (legally)
Married #3, but she annulled it because he was still married to wife #2 legally...
Married you in 1989, but the divorce from wife #2 wasn't final until 1991.

Do I have all that right? If so, your marriage could be valid.

Marriage #1 was a valid marriage.
Marriage #2 wasn't a valid marriage because he was still married to #1. Therefore, it was a voidable marriage.
Marriage #3 "could" have been a valid marriage because of the time frame of marriage #1 and #2. If they were wed after #1's final decree date in 1976, yes, it could have been a valid marriage. But, she got an annulment, so that's a moot point.

Now, your marriage to this man took place in 1989. Marriage #1 was dissolved in 1976. Marriage #2, as I said was a voidable marriage because he was still married to #1. #2 wasn't a valid marriage. So, really, as long as you were married AFTER marriage #1 was totally dissolved, then your marriage is valid. Marriage #1 is the only valid marriage in all this. Except for possibly yours.

[nailtech]

awwwww heck, turn him in and when he goes to jail then everything is yours... that will teach him...... if he is a bigamist that is....