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If you find out that your spouse is not divorced from a previous spouse i.e. committed Bigamy, you can:

  1.  File for Annulment as Bigamy is a legal ground for Annulment
  2. If a Divorce is in progress and not completed, your spouse could complete the Divorce then you could remarry if desired
  3. If children or property are involved in the current marriage to a spouse who is not divorced, you can still file for Divorce under the ‘putative spouse‘ law.  This law states that if a spouse believed that he/she was in a valid marriage then a Divorce could be filed and other issues such as division of property, spousal support as well as custody, visitation and support of children could be addressed.

In most cases, the spouse who committed Bigamy is often unaware that his/her Divorce was not finalized by the court, therefore a simple completion of the Divorce is all that is needed so that the couple can remarry.  However, an Annulment or Divorce could also be filed depending on the situation.

If you would like to discuss a California Annulment or Divorce, our experienced Family Law Attorneys can help for Low Flat Fees!  Please call our offices at 1-800-HELP-444 (1-800-435-7444) or visit our website for more information.


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Reader Interactions


    • Kela:
      If you spouse was married and not divorced when you married him, you may have grounds for an annulment. If you wish to discuss, please call us @ 818-630-5503. We’re ready to help!
      Thank-you for contacting Legal Action Workshop!

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