Denver, CO asked in Divorce for Colorado

Q: When I got married my husband was already married in Mexico .how can I get divorced

I belive he still married in Mexico .he currently lives there and I cannot get ahold of him.we got married in California and then later he confessed he was already married in Mexico .what can I do

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Your situation is not common, but there are procedures in place to correct the error.

You can file for divorce in Colorado (even if your ex has never been to CO) if you have lived in Colorado for at least 91 days (6 months if children are involved). You can get a divorce in Colorado, but Colorado will like not have jurisdiction to divide any property that is not in CO (if you do not want anything from your ex, this should not be an issue). If you do get a divorce, you likely will need to remarry your current husband (you should not be charged with the crime of bigamy).

Another option is to seek an invalidation of the CA marriage based on your ex's bigamy (assuming it is true). The issue with this claim is that you will need to find proof of the prior marriage in Mexico. You will need to proof to invalidate the CA marriage.

Contact a family law attorney to review your situation.

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