Pasadena, CA asked in Arbitration / Mediation Law, Divorce and Family Law for California

Q: My ex wife is a bigamist, can I use this in my divorce proceedings?

I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to court regarding support as the Gavron warning is in place. She has never had a job nor has she attempted to get one. She signed under penalty of perjury on the 1995 marriage certificate that she divorced me in 1994. I can find no record of this. Is getting my marriage annulled an option? Thanks so much.

1 Lawyer Answer
James L. Arrasmith
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  • Arbitration & Mediation Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce.

You may want to bring this information to the attention of your attorney and request that they raise this issue in court. Your attorney can advise you on the best way to present this information and how to use it to your advantage.

In terms of annulment, it may be possible to have your marriage annulled if your ex-wife committed fraud by falsely representing that she was divorced at the time of her second marriage. However, annulment is a complex legal process, and it would be best to consult with an experienced family law attorney in California who can advise you on the specific facts of your case and whether annulment is a viable option.

It is important to note that if your ex-wife committed bigamy, she may also be subject to criminal charges, and you may want to consider reporting the matter to law enforcement. Again, an experienced attorney can provide you with guidance on the best course of action in this regard.

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