Status of second (current) marriage? Valid? Poligamy charges?

[cazato]

Married in Mexico in 1991, left country for California completely broke in 1993, wife didn't want to follow, files for divorce, NEVER verified divorce was final, got married again in CA in 1995, not for immigration purposes or any other purpose other than being in love, been married to second wife for almost 20 years, two kids, never heard from first wife, she had a way to find me, and still does really. No kids or assets on first marriage, only debt really, paid too.

I know ideally, need to find out IF divorce was finalized, working on it, but, what if the divorce was finalized, say 1997, in other words two years AFTER second marriage.

Status of second (current) marriage? Valid? Poligamy charges?

 

[Zigner]

Married in Mexico in 1991, left country for California completely broke in 1993, wife didn't want to follow, files for divorce, NEVER verified divorce was final, got married again in CA in 1995, not for immigration purposes or any other purpose other than being in love, been married to second wife for almost 20 years, two kids, never heard from first wife, she had a way to find me, and still does really. No kids or assets on first marriage, only debt really, paid too.

I know ideally, need to find out IF divorce was finalized, working on it, but, what if the divorce was finalized, say 1997, in other words two years AFTER second marriage.

Status of second (current) marriage? Valid? Poligamy charges?

If you are asking the status of the second marriage as it relates to MEXICO, there is no way we could speak to that.

As for California...your second marriage is voidable by the court. It is not automatically void.

 

[cazato]

...of course, to California. What doeas that mean "voidable"? I mean the idea is to make sure the second marriage certificate IS valid, how would that work? And at that point of action, would anybody in the California government offices would raise the question, hey, this guy commited bigamy 18 years ago, and even though that marriage (first) is over, we need to prosecute him.

 

[birdbrain53]

You should first find out from the court in Mexico whether or not it was finalized and when.

If it was, no problem, you relax and continue on.

If it was finalized after your remarriage, then you may need to get re-married.

If it wasn't, then you need to proceed with a divorce and remarriage.

And no the State of California will not be looking to prosecute you on bigamy charges.

But it would be beneficial to you to talk about this with an attorney so you can get this sorted out.

 

[Zigner]

You should first find out from the court in Mexico whether or not it was finalized and when.

If it was, no problem, you relax and continue on.

If it was finalized after your remarriage, then you may need to get re-married.

If it wasn't, then you need to proceed with a divorce and remarriage.

And no the State of California will not be looking to prosecute you on bigamy charges.

But it would be beneficial to you to talk about this with an attorney so you can get this sorted out.

Until the court says the current marriage is VOID, then it is still valid. That is what is meant by "voidable"