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crystalgest · Jan 4, 2012, 03:03 PM

I found out after I got married that my husband is already married to another women. I want to file myself.I don't know where he is and I am currently on unemployment. How do I start? What do I do? Please help!

Cat1864 · Jan 8, 2012, 10:08 AM

If you are the 'second' wife, then you need to consult a lawyer (most will have a free first consultation) and determine if you need an annulment instead of divorce. A lawyer will be able to advise you of your rights and the legal standing of your marriage based on the laws where you reside.

Do you have proof that he is/was currently married to the other woman when you married him?

Fr_Chuck · Jan 8, 2012, 10:25 AM

If he is truly married to someone else, you file for an annulment not a divorce, to declare your marriage invalid.

crystalgest · Jan 8, 2012, 12:49 PM

Yes. He got 10 years probation for bigamy.

crystalgest · Jan 8, 2012, 12:50 PM

But we had a son before we got married.

Cat1864 · Jan 8, 2012, 01:54 PM

Was the probation for bigamy before you met/married him or resulting from his marriage to you while still being legally married to his previous wife.

Your son and custody/support issues are separate from your 'marriage' issues. If he was born before the wedding, then the wedding would not have changed anything other than showing that he was supporting his child.

You need to start proceedings for child support if you haven't already. If he is currently on probation, then the government should know where he is and how to contact him.

ScottGem · Jan 8, 2012, 02:04 PM

As noted you can't get a divorce since you were never legally married in the first place.

The first thing I would do is contact the judge that handled the bigamy case. Its possible you don't have to do anything, since your marriage should have been declared void with the conviction.

If you do need an anullment, then you file a petition in your local Family court to have the marriage annulled on the basis of the bigamy. Simply attach a copy of his conviction.

If you want to get support for your son, that is a different matter. You will have to file a petition for child support with the local Family court.

I would check with a lawyer, because it's likely that the father will be liable for any court costs so he will be required to pay your attorney fees.

crystalgest · Jan 8, 2012, 02:15 PM

The probation is a result of our "marriage"! I'm the "second" wife. I'm taking care of everything with my son I just want to get everything legally over with him so I can move on with my life. And we are legally married cause we filed and had a jp marry us. Thank you so much everyone for your guidance! I'm very grateful!!

ScottGem · Jan 8, 2012, 02:29 PM

Originally Posted by crystalgest

And we are legally married cause we filed n had a jp marry us.

No, you are not legally married. It doesn't matter whether you obtained a marriage license and were married by a JP. Since he was married at the time, he was not legally able to enter into a marriage. Therefore, your marriage was illegal and invalid.

All you really need is for a court to issue an order that the marriage was illegal. That should have been done as part of his conviction for bigamy. If it wasn't then you ask the judge to include that or ask for an annulment.

crystalgest · Jan 8, 2012, 02:53 PM

Thank you! I'm so lost when it comes to this! I never thought it would happen to me! U never quest some li this!! I will from here on out!