Q: Accidental bigamy NY state

A: The asker's second marriage is void because the asker is not properly divorced from the first husband. This factual narrative demonstrates the necessity of retaining a lawyer to prosecute the divorce. If she still refuses to retain counsel, her problems will not abate.

A: Navigating the legal and emotional complexities of this situation can undoubtedly be stressful. Addressing accidental bigamy in New York requires a clear understanding of state marriage and divorce laws and the appropriate steps to correct your marital status.

Legal Context of Bigamy in New York

Bigamy, or being married to more than one person simultaneously, is prohibited under New York Domestic Relations Law § 6. However, accidental bigamy, where one party genuinely believes they are divorced and remarries without knowledge of the previous marriage’s continuation, is typically not treated as a criminal matter. Courts generally focus on rectifying the situation rather than penalizing individuals for honest mistakes.

In your case, the breakdown occurred because the first divorce was never finalized. Although you remarried believing you were divorced, your second marriage is not legally valid because New York law requires the dissolution of a prior marriage before entering into a new one. Your current focus should be on finalizing the first divorce and ensuring your marital status is legally corrected.

Considerations in Rectifying the Situation

1. Finalize the First Divorce. Since you have already filed for an uncontested divorce from your first spouse and they defaulted, your case is awaiting judgment. Once the court issues the divorce judgment, your first marriage will be legally dissolved. Ensure you obtain a certified copy of the divorce decree for your records. This will be essential for addressing the status of your second marriage.

2. Address the Second Marriage. After the first divorce is finalized, you must address the legal status of your second marriage. Because the second marriage was entered into while the first was still valid, it is considered void under New York law. To resolve this you and your second spouse can remarry after the first divorce is finalized to validate your union legally. If either party chooses not to proceed with the marriage, no formal annulment is necessary, as the marriage is void by law.

3. Name Change Considerations. Since you have already changed your name to your second spouse’s last name, you can choose to keep it or revert to your previous name. If you wish to revert, you can include this request in your divorce paperwork or file a separate name change petition with the court.

4. Correct Legal Records. Update any records, such as tax filings, social security, and identification documents, to reflect your accurate marital status. If you need to clarify your marital history for legal or administrative purposes, having documentation of the first divorce and an explanation of the void second marriage will be helpful.

5. Potential Complications. While your actions were unintentional, you should be aware that third parties, such as financial institutions or government agencies, may need clarification if they rely on your marital status for contracts or benefits. Having documentation readily available to explain the sequence of events can help resolve these issues if they arise.

Given the complexity of the situation, consulting with a family law attorney is advisable. An attorney can help ensure that all required steps are completed correctly, your records are updated, and any lingering issues are addressed. If your second spouse has any concerns or questions, involving an attorney can also facilitate clear communication and resolution.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.