Is my marriage valid if I re-married thinking that my first husband was dead but he wasn’t?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is my marriage valid if I re-married thinking that my first husband was dead but he wasn’t?
I was married 18 years ago and have not seen him in 13 years. I recently married again. I sincerely believe my previous husband to be dead and I thought that under CA law I was free to marry because I haven’t seen him for so long and believe he is dead. I recently found out that under I needed him to be declared dead by the courts. Is that true? If so what can I do now? I don’t want my current marriage to be void.
Asked on August 30, 2011 California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. I can tell that it must be making you very unnerved. Unfortunately, it is true that you would have to have had your first husband declared dead in order to proceed to remarriage if you really thought he was dead, rather than just divorcing him. With out getting in to why you came to that conclusion and why now you know otherwise, you have to move to dissolve the marriage as you have technically committed bigamy. And I am sorry to tell you this but the second marriage you have entered in to is void under the law. Please get some legal help here. Good luck to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.