You need an attorney ASAP.
Here is some information on annulment in NY and laws concerning Bigamy.
I suggest you apply for emergency custody of your child ASAP, in case he should claim that you have abandoned your child since you left your child in CO with him. The child has not been in New York long enough for residency, but this should establish jurisdiction. You will still have to prove you are a fit parent. The Attorney should be able to assist you in the annulment which will include settlement options as in a divorce, so it is entirely possible that he could end up paying spousal support even though you were not legally married since you were married a considerable length of time.
Contact his wife and let her know their divorce is not final. Contact the police as bigamy is a criminal offense in most states. In Washington State it is a class 3 felony.
Here is a link to Washington State law.
http://www.leg.wa.gov/RCW/index.cfm?fuseaction=section§ion=26.04.020
RCW TITLES >> TITLE 26 >> CHAPTER 26.04 >> SECTION 26.04.020
26.04.010 << 26.04.020 >> 26.04.050
RCW 26.04.020
Prohibited marriages.
(1) Marriages in the following cases are prohibited:
(a) When either party thereto has a wife or husband living at the time of such marriage;
(b) When the husband and wife are nearer of kin to each other than second cousins, whether of the whole or half blood computing by the rules of the civil law; or
(c) When the parties are persons other than a male and a female.
(2) It is unlawful for any man to marry his father's sister, mother's sister, daughter, sister, son's daughter, daughter's daughter, brother's daughter or sister's daughter; it is unlawful for any woman to marry her father's brother, mother's brother, son, brother, son's son, daughter's son, brother's son or sister's son.
(3) A marriage between two persons that is recognized as valid in another jurisdiction is valid in this state only if the marriage is not prohibited or made unlawful under subsection (1)(a), (1)(c), or (2) of this section.
[1998 c 1 § 4; 1927 c 189 § 1; Code 1881 § 949; 1866 p 81 § 2; 1854 p 96 § 115; RRS § 8438.]
NOTES:
Finding -- Intent--1998 c 1: See notes following RCW 26.04.010.
Bigamy: RCW 9A.64.010.
RCW TITLES >> TITLE 9A >> CHAPTER 9A.64 >> SECTION 9A.64.010
Beginning of chapter << 9A.64.010 >> 9A.64.020
RCW 9A.64.010
Bigamy.
(1) A person is guilty of bigamy if he intentionally marries or purports to marry another person when either person has a living spouse.
(2) In any prosecution under this section, it is a defense that at the time of the subsequent marriage or purported marriage:
(a) The actor reasonably believed that the prior spouse was dead; or
(b) A court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or
(c) The actor reasonably believed that he was legally eligible to marry.
(3) The limitation imposed by RCW 9A.04.080 on commencing a prosecution for bigamy does not begin to run until the death of the prior or subsequent spouse of the actor or until a court enters a judgment terminating or annulling the prior or subsequent marriage.
(4) Bigamy is a class C felony.
[1986 c 257 § 14; 1975 1st ex.s. c 260 § 9A.64.010.]
NOTES:
Severability -- 1986 c 257: See note following RCW 9A.56.010.
Grounds for annulment
Grounds for annulment vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence. Grounds for annulment often include:
1. Either spouse was already married to someone else at the time of the marriage;
2. Either spouse was too young to be married, or too young without required court or parental consent;
3. Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4. Either spouse was mentally incompetent at the time of the marriage;
5. If the consent to the marriage was based on fraud or force;
6. Either spouse was physically incapable to be married (typically, inability to have sexual intercourse which persists) at the time of the marriage;
7. The marriage is prohibited by law due to the relationship between the parties.
Annulment in New York State
The cause of action for Annulment in New York State is generally fraud (DRL §140 (e)). There are other arguments; see the Statute. In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ...
"Fraud" generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant's statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144). The time limit is three years (not one year). This does not run from the date of the marriage, but the date the fraud was discovered, or could reasonably have been discovered. The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ... In Common law, a defendant is any person who is required to answer the complaint of a plaintiff in a civil suit or any person who has been named in a criminal information or criminal complaint and stands accused of violating a criminal statute. ...
The grounds for annulment in New York State do not include any of the following:
* Failure to consummate the marriage
* Failure to live together
* Marriage less than 1 year
* Mutual consent
* Mistake
* Already married (this means that either party may petition to declare the Nullity of a Void Marriage)
A bigamous marriage (one party was still married at the time of the second marriage) cannot be annulled—it is void ab initio (not legal from its inception). However, either party (as well as certain other parties) can petition the Court with an "Action to Declare the Nullity of a Void marriage" (DRL §140 (a)). The Court, upon proper pleadings, renders a Judgment that the marriage is void. There may be effects of marriage such as a property settlement and even maintenance if the court finds it equitable to order such relief. As a verb, consummate means to bring something to its completion, such as a transaction, concept, plan or action. ... Effects of marriage is a legal term of art used to describe all of the rights and obligations that individuals may be subject and entitled to if they are in a common-law marriage, an annulled marriage, domestic partnership or a civil union. ... Division of property also known as equitable distribution of parties which is a judicial division of property rights and obligations between spouses during the process of the dissolution of marriage (divorce). ... In many countries alimony, maintenance or spousal support is an obligation established by law that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated, though in some instances the obligation to support...
External Links
* New York State Domestic Relations Law, Article 9 (
http://assembly.state.ny.us/leg/?cl=29&a=19)
