If I found out that my “husband” was still married to someone else when we were married, what is he entitled to if we split up?

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If I found out that my “husband” was still married to someone else when we were married, what is he entitled to if we split up?

I married someone 8 years ago not knowing he was still legally married to someone else. Now he is threatening me with going to court and filing for alimony because I make more money than he does. How do I get this settled so that I can get married in the future?  Does bigamy void our marriage?

Asked on July 23, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your "husband" was not legally single when he married you, meaning he was still married to someone else, you marriage most likely in the State you live in is invalid. You should consult with a family law lawyer soon about the situation.

If you want the situation resolved and want nothing to do with him in the future, a petition with the court in the county where you live to declare the marriage "invalid" is in order if in fact your "husband" was not legally divorced from his first wife when you married him. If this is true, criminal charges could be filed against him for "bigamy" depending upon the laws of your State.

Good luck.


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