Bigamy: What to do?

[msm.msm]

Hi, my friend (non US citizen) got married in California, in 1989 to a US citizen.
Lived together for a short time, (lets say 6 month) things went sadly wrong, so he moved back to Europe.
(without applying for any USA residency).

From that time has no news about here. He never went back to the USA. (23 years).

Year 2000 he got married again in his own country.

My question is: would he be to facing charges for bigamy or any other charges, in case he comes to California (I.E. for tourism)

Any advice on what to do?
Anybody could explain section 282a of the penal code?

Under PENAL CODE
SECTION 281-283

281. (a) Every person having a husband or wife living, who marriesbo
any other person, except in the cases specified in Section 282, is
guilty of bigamy.
(b) Upon a trial for bigamy, it is not necessary to prove either
of the marriages by the register, certificate, or other record
evidence thereof, but the marriages may be proved by evidence which
is admissible to prove a marriage in other cases; and when the second
marriage took place out of this state, proof of that fact,
accompanied with proof of cohabitation thereafter in this state, is
sufficient to sustain the charge.



282. Section 281 does not extend to any of the following:

(a) To any person by reason of any former marriage whose husband
or wife by such marriage has been absent for five successive years
without being known to such person within that time to be living.
(b) To any person by reason of any former marriage which has been
pronounced void, annulled, or dissolved by the judgment of a
competent court.

 

[ecmst12]

Your "friend" would be committing bigamy in his country AND the US, unless maybe she (his wife) got herself a divorce on her own, which may have been possible with service via publication. I suppose there may be some exceptions and we don't know what country we are talking about, but GENERALLY speaking, marriages are transferrable between countries (if you get married in Europe, you're married in the US too, and vice versa) as long as the marriage is legal in both places (gay marriage in europe may not be recognized in US depending on the state).

 

[OHRoadwarrior]

I suggest you search the courts in his home country for a divorce record.

 

[Ohiogal]

Hi, my friend (non US citizen) got married in California, in 1989 to a US citizen.
Lived together for a short time, (lets say 6 month) things went sadly wrong, so I moved back to Europe.
(without applying for any USA residency).

From that time has no news about here. He never went back to the USA. (23 years).

Year 2000 he got married again in his own country.

My question is: would he be to facing charges for bigamy or any other charges, in case he comes to California (I.E. for tourism)

Any advice on what to do?
Anybody could explain section 282a of the penal code?

Under PENAL CODE
SECTION 281-283

281. (a) Every person having a husband or wife living, who marriesbo
any other person, except in the cases specified in Section 282, is
guilty of bigamy.
(b) Upon a trial for bigamy, it is not necessary to prove either
of the marriages by the register, certificate, or other record
evidence thereof, but the marriages may be proved by evidence which
is admissible to prove a marriage in other cases; and when the second
marriage took place out of this state, proof of that fact,
accompanied with proof of cohabitation thereafter in this state, is
sufficient to sustain the charge.



282. Section 281 does not extend to any of the following:

(a) To any person by reason of any former marriage whose husband
or wife by such marriage has been absent for five successive years
without being known to such person within that time to be living.
(b) To any person by reason of any former marriage which has been
pronounced void, annulled, or dissolved by the judgment of a
competent court.

So when did your friend move back to Europe? Who cares when you did, unless of course you are lying about this situation.

 

[Silverplum]

So when did your friend move back to Europe? Who cares when you did, unless of course you are lying about this situation.

Good thing you did the Q4P*.








*Quoting For Posterity*

 

[Ohiogal]

Good thing you did the Q4P*.








*Quoting For Posterity*

I notice there was no explanation of what was what but just a quick edit. Hence, credibility needs rebuilt with this one.

 

[LdiJ]

I notice there was no explanation of what was what but just a quick edit. Hence, credibility needs rebuilt with this one.

Maybe English as a second language issues?

 

[Ohiogal]

Maybe English as a second language issues?

Maybe lying through the teeth issues -- more likely.