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I recently found out my husband remarried in Arkansas in…

I recently found out...

I recently found out my husband remarried in Arkansas in 2016. Wr have been separated since 2011 but have never been divorced. Can charges be filed against him?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in AR family court?

No. We were married in Louisiana and that is where I live.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No I just found out. He remarried in Arkansas in 2016 and they divorced in 2018. He is in jail in Arkansas.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't have a lot of money to pay a big lawyer's fee. I was planning to file the paperwork myself. We have no children and no community property.

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Answered in 23 minutes by:
5/9/2018
James Daloisio
Category: Criminal Law
Satisfied Customers: 870
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

Bigamy is a Class A misdemeanor in Arkansas. When he married the other person, he committed an offense as outlined below:

5-26-201. Bigamy.

  • (a) A person commits bigamy if, being married, he or she purports to marry another person.
  • (b) It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:
    • (1) Reasonably believed that the prior spouse was dead;
    • (2) Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive;
    • (3) Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or
    • (4) Otherwise reasonably believed that the actor was legally eligible to marry.

However, for purposes of a criminal prosecution, the statute of limitations for a misdemeanor in Arkansas is one year so a prosecution might be precluded on that basis.

I am guessing when you say you were planning to file the paperwork yourself you were referring to your divorce papers there in Louisiana.

Let me know if you have any other questions. You should make a police report to the Arkansas authorities and get a copy of it so you can include it with your divorce papers.

James Daloisio
Category: Criminal Law
Satisfied Customers: 870
Experience: 30 years experience in criminal law, continuing education.
Verified
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Customer reply replied 3 months ago
Ok. Thanks Jim.

You're welcome! Good luck with it!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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