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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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My fiance was married to a woman April 3,1984,he then married

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My fiance' was married to a woman April 3,1984,he then married a 2nd woman August2,1986. he was still married to woman#1 until divorce finalized in 1987. woman #2 was aware and didn't care. He only lived with wife #2 for 1 month, after marrying her, he moved out on his own, and now he wants to file for an annulment from #2, saying it wasn't a valid marriage, because he was married ,and he didn't live with wife#2. all these years.
Wife#2 is disputing annulment, and wants a divorce, with spousal support.
will he be I trouble with the law for bigamy? and was his 2nd marriage even valid?
Hello there:

Thank you for your question. Assuming that your fiance was in the state of California for the majority of that time, the statute of limitations to prosecute for bigamy would be long-gone. In other words, even though it may have been illegal at the time, it could no longer be prosecuted.

If your first marriage is not dissolved and your first spouse is not deceased, any second marriage would be invalid.

Because the nuances of every case are different, I recommend that your fiance at least meets with an attorney to discuss the particulars of his case. He should only proceed without an attorney after his case has been fully assessed.
Brandon M. and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Both marriages, were in the state of California, so wife #2 is not entitled to spousal support, she wasn't legally married, the marriage is null and void?

If the first marriage was not dissolved at the time that the second marriage was entered, the parties of the second marriage did not enter into a valid marriage.

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