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InformationForYou
InformationForYou, Attorney
Category: Legal
Satisfied Customers: 1956
Experience:  18 yrs trial attorney, professor of criminal law and ethics
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Husband and I are US citizens. Husband impregnated Mexican

Customer Question

Husband and I are US citizens. Husband impregnated Mexican National and intends to marry her in Mexico before our divorce is final. What are the repercussions upon his return to the US?
Submitted: 9 years ago.
Category: Legal
Expert:  InformationForYou replied 9 years ago.

A second marriage while still (currently) still married to a first spouse is not a valid marriage. That would mean his marriage to you would remain valid, but his marriage to the other woman would not be if he married her before your divorce is final. If he later married her "again" after the divorce with you is final, then likely nothing will happen. While bigamy (married to more than one person at the same time) is illegal, it is rarely prosecuted.

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Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Customer: replied 9 years ago.
I already know the validity issue...my question was related to prosecuting him upon his return to the US since bigamy is illegal.
Expert:  InformationForYou replied 9 years ago.

 

Here is the link for the Texas bigamy statute.

http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.006.00.000025.00.htm

 

Since you aren't the one who brings criminal charges (but rather it is the state that does so), it is up to the prosecutors to bring the charges or not. It is not dissimilar to adultery...many people commit adultery and it is a crime in many jurisdictions, but it isn't often prosecuted. If your husband does through with the "marriage" to the other woman, you may wish to call the prosecutor's office and obtain their stance on prosecuting for it.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. (This is how the company pays me). Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.