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I married a same sex partner in Canada in 2003. We split up

I married a same sex...
I married a same sex partner in Canada in 2003. We split up in 2006. I live in Oregon, which does not recognize gay marriage. Would I be guilty of bigamy if I remarried an ex-husband in the state of Oregon without a divorce from same sex partner? Canada requires a one year residency before divorce may be granted.
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Answered in 2 minutes by:
5/1/2013
Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
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Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

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Customer reply replied 4 years ago

Do you require more information? I am unable to see a specific request for additional information.

Hello again. No, I don't need any additional information at this time. Here is your answer:

Pursuant to OR law, a person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married. Here is a link to the statute:

http://www.oregonlaws.org/ors/163.515

Since the state does not recognize same-sex marriage as valid, you would not typically be violating the state's law prohibiting bigamy if you were to remarry without getting a divorce.

The problem may come later, if you move to a state which does recognize same-sex marriages as valid. In that state, you could potentially be charged with bigamy if married to two different individuals.

Because of this potential risk, it would normally be best to seek a dissolution or annulment of the first marriage before remarrying.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33,167
Experience: JD, 17 years legal experience including family law
Verified
Tina and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 years ago

The information supplied states that I may ask another question if I need to do so. I have asked twice about Canadian laws regarding annulment and cannot see that any of these emails have been received by you.


 

Hello again,

I cannot communicate by e-mail but only through this forum based on the sites policies. I will inform them that you have had difficulty responding to me. My apologies for that.

Unfortunately, I am not a Canada law attorney, but the site does have a Canada Family law category to which you can address that question. If you post a new question as you did the original family law question that I took, but in the Canada Family Law category, an attorney familiar with the laws of that country should be able to assist you.

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Customer reply replied 4 years ago

Thank you Tina. You have been a big help.

You are very welcome and all the best to you!
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Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you.

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Tina
Tina
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Category: Family Law
Satisfied Customers: 33,167
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