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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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My husband just informed me today he married a Chinese woman

Resolved Question:

My husband just informed me today he married a Chinese woman "in China" back in Jan 2010. We married in Utah, Nov 2012. Are we married in the eyes of the law in the US
Submitted: 11 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 11 months ago.

ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : Assuming it was a legal binding marriage in China, you're almost certainly not married now. A "bigamous" marriage is "void ab initio" (void from the beginning), and you can only get married if he divorces that wife or she dies. Further, your prior marriage would not be valid, but you would have to get married again,.
ScottyMacEsq : Utah does not have common law marriage.
Customer: How do I know if it was a legal marriage in China?
ScottyMacEsq : (so a legal marriage after a divorce would be required to make your marriage legitimate)
ScottyMacEsq : Now this is assuming that he really did get married. Typically there is a formal document that is filed with the government in China.
Customer: Do I need to go see an attorney here?
ScottyMacEsq : If your "husband" wants to get divorced from that Chinese wife, yes.
Customer: He says he filed an immigrant form and stated she was his wife
ScottyMacEsq : The US will recognize a legal marriage in another country that would not be contrary to the public policy of the US.
ScottyMacEsq : So it would almost certainly be recognized.
Customer: He hasan appointment with an attorney for tomorrow to annul or divorce his Chinese wife. What do I do?
ScottyMacEsq : You don't have to do anything until the divorce is actually final.
ScottyMacEsq : I would assume that this is to get married...
ScottyMacEsq : So once the divorce is final, you'll need to get another license and have another ceremony.
Customer: WE are married already
ScottyMacEsq : Of course it can be a quiet ceremony.
ScottyMacEsq : I understand... I mean legally.
ScottyMacEsq : (in the eyes of the law)
Customer: I see is he going to bein trouble in the us
ScottyMacEsq : Most likely not. While bigamy IS a crime, it is hardly EVER prosecuted.
ScottyMacEsq : He could say that it was a mere oversight on his part, that he thought it was not a valid marriage, etc...
Customer: Okay thank you
ScottyMacEsq : My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
Customer: One more quickquestion please
ScottyMacEsq : Okay.
Customer: Then does this marriage not count at all ?
ScottyMacEsq : Not legally. Like I said, it's "void from the beginning" if either spouse was already married at the time of the marriage.
Customer: Okay.thanks for your time
ScottyMacEsq : That's why it does not become "good" once the divorce is in place.
ScottyMacEsq : You're welcome, and again, good luck to you!
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 10609
Experience: Licensed Texas General Practice Attorney
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