A marriage question

[bozineh]

I have a question about California family law.

A woman has married a man back in 1990 in California. At the time of marriage, the man already was married in the state of MS. So he married for the second time in LA. The man divorced his first wife 8 months after his second marriage. Now my question is the second marriage valid? If not what the wife has to do to make sure she is legally married with the man? Do they have to marry again? Please advice.

 

[Silverplum]

I have a question about California family law.

A woman has married a man back in 1990 in California. At the time of marriage, the man already was married in the state of MS. So he married for the second time in LA. The man divorced his first wife 8 months after his second marriage. Now my question is the second marriage valid? If not what the wife has to do to make sure she is legally married with the man? Do they have to marry again? Please advice.

Yes, they have to marry again. The California marriage was not valid due to the Missouri marriage.

 

[tranquility]

I agree with Silverplum. I'd add that this would be called a putative marriage and the innocent wife would have rights to quasi-community property.

 

[wavehopper27]

Sounds to me like the OP is looking for help with homework.

 

[Bali Hai]

I agree with Silverplum. I'd add that this would be called a putative marriage and the innocent wife would have rights to quasi-community property.

Would the innocent husband (who believed he was divorced from the MS marriage) of the putative marriage have rights to quasi-community property as well?

 

[tranquility]

Yes, in a way, but the husband was not "innocent". Bigamy is a strict liability crime. The problem comes up regarding the former wife's rights which is why I say "in a way".

 

[bozineh]

Re: Putative Marriage

Thank you very much for your help. This has happened to my nice so I'm asking for help to fix this problem. She is already married to her husband for the past 20 years, they have a daughter, can they married again? Can a woman married twice to a man without getting divorce? Can court fix this problem? Thank you for your help.

 

[Bali Hai]

Yes, in a way, but the husband was not "innocent". Bigamy is a strict liability crime. The problem comes up regarding the former wife's rights which is why I say "in a way".

I think intent would become a big player in this case. Did the husband intend to committ bigamy? If so, why did he bother to rush a divorce when he found out 8 months after his marriage to the CA woman?

If the man should have known for certain he was divorced before marrying the second time, his second wife should have known for certain he was divorced before marrying him. They both committed bigamy.

She also has known this for 20 years! Innocent??? I don't think so!

 

[tranquility]

I think intent would become a big player in this case. Did the husband intend to committ bigamy? If so, why did he bother to rush a divorce when he found out 8 months after his marriage to the CA woman?

If the man should have known for certain he was divorced before marrying the second time, his second wife should have known for certain he was divorced before marrying him. They both committed bigamy.

She also has known this for 20 years! Innocent??? I don't think so!

Yes he committed bigamy and no, she did not commit the related crime requiring intent.

281. (a) Every person having a husband or wife living, who marries
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.

284. Every person who knowingly and willfully marries the husband
or wife of another, in any case in which such husband or wife would
be punishable under the provisions of this chapter, is punishable by
fine not less than five thousand dollars ($5,000), or by imprisonment
in the state prison.