When would you press charges for bigamy?
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Old 07-18-2012, 07:52 PM   #1 (permalink)
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Default When would you press charges for bigamy?

Quick question. Can I press charges for bigamy after the divorce? Or should I do it before or during the divorce? I need a lawyer but they are so expensive!
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Old 07-19-2012, 12:35 AM   #2 (permalink)
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Default Re: When would you press charges for bigamy?

From your other thread I suspect all would happen is that your H would find put his new marriage isn't valid. He thinks he s married but he isn't.
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Old 07-19-2012, 01:15 AM   #3 (permalink)
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From your other thread I suspect all would happen is that your H would find put his new marriage isn't valid. He thinks he s married but he isn't.
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Shaggy, for a man that has been married as often as he has
trust me, he knows.
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Old 07-19-2012, 01:25 AM   #4 (permalink)
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Default Re: When would you press charges for bigamy?

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From your other thread I suspect all would happen is that your H would find put his new marriage isn't valid. He thinks he s married but he isn't.
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If he filed a marriage certificate with the women (not the OP) then the is a bigamist. While the marriage is technically illegal... it has created a bigamist situation because he has not yet divorced the OP.

He and is current (bigamist wife) will need to get an annulment or divorce to get himself back into a legal marriage standing of being married to only one women.

Technically, since the new 'wife' knows, or had reason to know, that he was not yet divorced she is also committing bigamy. She has committed a felony as well.

My father-in-law was in two bigamous marriages. The first was in the 1970’s. MIL found this out and got in touch with the other wife. The other woman was furious and got an annulment. He was not charged since the other wife just dumped his lying a$$.

Then he disappeared for a few decades. After I married my husband I started searching for him and found him… he was married to a woman and lived in Florida. They had been married for almost 25 years and have an adult daughter. My MIL was preparing a suit and legal case to have him brought up on bigamy charges. Then he died. I happened upon his obituary online. MIL has gone to probate court and is getting his assets. He was still married to MIL after all these years. He left her with 4 children to raise. The oldest was my husband who was 13 at the time. Because of this I’ve done a lot of reading up on bigamy laws.

OP’s husband is technically a bigamist right now. She could definitely call a DA in the state where he lives and ask to have him charged with a crime.

What on earth was he thinking to get married before his divorce went through?
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Old 07-19-2012, 08:59 AM   #5 (permalink)
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Default Re: When would you press charges for bigamy?

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If he filed a marriage certificate with the women (not the OP) then the is a bigamist. While the marriage is technically illegal... it has created a bigamist situation because he has not yet divorced the OP.

He and is current (bigamist wife) will need to get an annulment or divorce to get himself back into a legal marriage standing of being married to only one women.

Technically, since the new 'wife' knows, or had reason to know, that he was not yet divorced she is also committing bigamy. She has committed a felony as well.

My father-in-law was in two bigamous marriages. The first was in the 1970ís. MIL found this out and got in touch with the other wife. The other woman was furious and got an annulment. He was not charged since the other wife just dumped his lying a$$.

Then he disappeared for a few decades. After I married my husband I started searching for him and found himÖ he was married to a woman and lived in Florida. They had been married for almost 25 years and have an adult daughter. My MIL was preparing a suit and legal case to have him brought up on bigamy charges. Then he died. I happened upon his obituary online. MIL has gone to probate court and is getting his assets. He was still married to MIL after all these years. He left her with 4 children to raise. The oldest was my husband who was 13 at the time. Because of this Iíve done a lot of reading up on bigamy laws.

OPís husband is technically a bigamist right now. She could definitely call a DA in the state where he lives and ask to have him charged with a crime.

What on earth was he thinking to get married before his divorce went through?
ElGirl, I admire your tenacity to educate yourself and doing your reseach. The thing that gets me is that when I bring this matter up to certain people (two). They would say to me that I shouldn't press charges because it would only look like I still had a thing for him. That really makes me mad to hear! Especially after all me and my sons (now grown) endored! Be that as it may, I have a feeling that this woman does know (at least by now) that he is still married. But ElGirl, it's not about how he feels or what she knows. It's about riding myself of what I can only describe as a Cancer.

An attorney once asked me and I'm paraphrasing.

"If he is in total agreement to this divorce. Why would I press charges of bigamy before the divorce is final. Something that might cause him to retaliate in some way, changing a simple divorce into something ugly?"

He also said.

"I know if someone were to press charges against me. There is no way I would be so nice to not want to get even."

So this brings me back to my orginal question. Can I press charges after, I divorce him? Either way the crime still exist, that doesn't change. Either way, I need to put on my 'big girl panties'. That a prozac if I have to and get this whole thing none and out of my life.
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Old 07-19-2012, 09:47 AM   #6 (permalink)
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Default Re: When would you press charges for bigamy?

@EleGirl -the OP's H is only a bigamist in this case due to the his divorce in another stated not finalizing like he believed it would/was.
He jumped the gun and got married.


<Not a lawyer>
I don't believe you can press charges for bigamy only the DA can do that. You can sue him for divorce and cite bigamy as a reason - I believe. Which is already underway isn't it?

So what do you gain from the bigamy other than the divorce? I suppose you could try suing for damages - maybe? If you have any financial damages as a result of his second marriage.?

</Not a lawyer>
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Old 07-19-2012, 10:38 AM   #7 (permalink)
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Default Re: When would you press charges for bigamy?

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Originally Posted by Shaggy View Post
@EleGirl -the OP's H is only a bigamist in this case due to the his divorce in another stated not finalizing like he believed it would/was.
He jumped the gun and got married.
He got married before his divorce is final. Thus he is a bigamist. Itís that simple. Even after his divorce is final, his new bigamist marriage will not be legal. There is no such thing as only slightly marriedÖ or almost no married because the divorce is filed. Itís a matter of law. He is now married to two women.

It also does not matter if the divorce was filed in same state or different states. Every state in the union recognizes legal marriages in every other state and in every country in the world.

The divorce was filed in the new state where he got his new marriage.
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<Not a lawyer>
I don't believe you can press charges for bigamy only the DA can do that.
Thatís right, only the DA can bring the charges. But she could contact the DA and let the DA know that he is a bigamist. The DA can then choose to bring charges or not. If not, she could keep pressing the issue. She could possibly eventually get them to go after him.

I think that she can even file a police report. It is a crime.
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You can sue him for divorce and cite bigamy as a reason - I believe. Which is already underway isn't it?
No the divorce is no longer under way. A judge threw it out because the papers were not file properly.
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So what do you gain from the bigamy other than the divorce? I suppose you could try suing for damages - maybe? If you have any financial damages as a result of his second marriage.?

</Not a lawyer>
Maybe satisfaction of seeing someone who has been getting away with some bad things for a long time finally pay for treating her and her children like dirt?

He is probably using community assets for his new lifeÖ assets that are half hers? Iím speculating.

I know that is why my MIL was getting a case against her bigamous husband.
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Old 07-19-2012, 10:42 AM   #8 (permalink)
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Default Re: When would you press charges for bigamy?

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An attorney once asked me and I'm paraphrasing.
How long ago did an attorney say this? The way you said it, it sounds like it was a long time ago. But he only married her recently. Has he married other women while married to you as well?

Or does he have only one bigamous marriage?
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Old 07-19-2012, 11:07 AM   #9 (permalink)
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ElGirl, I admire your tenacity to educate yourself and doing your reseach. The thing that gets me is that when I bring this matter up to certain people (two). They would say to me that I shouldn't press charges because it would only look like I still had a thing for him. That really makes me mad to hear! Especially after all me and my sons (now grown) endored! Be that as it may, I have a feeling that this woman does know (at least by now) that he is still married. But ElGirl, it's not about how he feels or what she knows. It's about riding myself of what I can only describe as a Cancer.
I do not think that trying to get charges pressed against him for bigamy show that you have a thing for him. It could mean that. Or it could mean that you are angered that he went off and married someone before he divorced you.
The response to people who say this is that he is using community assets (your money) for his new lifeÖ his new house, his new everything.
To me it also shows a total lack of respect for his marriage to you and the law.
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Originally Posted by ohsobless View Post
An attorney once asked me and I'm paraphrasing.
How long ago did an attorney say this? The way you said it, it sounds like it was a long time ago. But he only married her recently. Has he married other women while married to you as well?
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Originally Posted by ohsobless View Post
"If he is in total agreement to this divorce. Why would I press charges of bigamy before the divorce is final. Something that might cause him to retaliate in some way, changing a simple divorce into something ugly?"

He also said.

"I know if someone were to press charges against me. There is no way I would be so nice to not want to get even."

So this brings me back to my orginal question. Can I press charges after, I divorce him? Either way the crime still exist, that doesn't change. Either way, I need to put on my 'big girl panties'. That a prozac if I have to and get this whole thing none and out of my life.
Find a different attorney.
Yes it might make him less cooperative. But it also might make him more cooperative. Do you thinkt hat that the divorce that you filed before was equitable? If not, putting in your divorce that he has already remarried could get you a way to make him more agreeable to cooperate with you.
IMHO, out of respect for yourself and your children you do not let this slide. Thatís just me.
Also, if people do not stand up to protect the marriage laws, then they mean nothing.
Further, the wife in his bigamist marriage should care a lot about this. Her marriage is not legal. She does not have any of the normal rights of marriageÖ like community property.
Hereís an article that you might find interesting.
Man charged with bigamy thought divorce was final - WKRN, Nashville News, Nashville Weather and Sports
One thing that the article brought up is that while the man claims that he thought the was divorced when he married again.. he hid his current (real) marriage to his wife by not listing it on his marriage certificate. He did mention his first marriage, but not the second and current marriage when he married his third wife. So he knew very well that he was not divorced when he married his 3rd wife.
Get a copy of your husbandís marriage certificate for this bigamous marriage and see if he put down that he is married to you and if he listed a divorce date from you.
Fight Bigamy

I would do more searching online to fine out how the state heís in right now will handle this. If you will share the names of the states both of you are in Iíll do some searching for you after work tonight.

When it comes to legal matters, Iím a big proponent of putting all the info on the table and letting the facts fall where they may. If you donít do that, it can come to haunt you later. For example his bigamous wife might later sue you claiming that you knew that he married her fraudulently and did not warn her. Thus you were involved a crime with him to defraud her. I donít know if she could get such a case to court.. but I could see her trying it when she tries to divorce him.. .which might very well happen.
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Old 07-19-2012, 11:11 AM   #10 (permalink)
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Default Re: When would you press charges for bigamy?

I was an Assistant DA for 5 years. Honestly, some (probably) over-worked guy with a docket of over 100 cases may or may not be too thrilled with being asked to prosecute a bigamy case. I suspect this may run along the same reasoning as the dearth of adultery prosecutions, even though several states have criminal statutes on the books.

Sure, give it a shot. Push it as hard as you're inclined to. I just wouldn't get my hopes up.
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Old 07-19-2012, 01:51 PM   #11 (permalink)
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Default Re: When would you press charges for bigamy?

If you file bigamy charges after your divorce, he's no longer a bigamist.

Sure, he WAS one, but since it's pretty much just a statute violation and the matter is resolved, I doubt a DA's office would pursue anything. It would have to be one slow office for a charge like that to be prioritized.
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Old 07-19-2012, 04:32 PM   #12 (permalink)
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Default Re: When would you press charges for bigamy?

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If you file bigamy charges after your divorce, he's no longer a bigamist.

Sure, he WAS one, but since it's pretty much just a statute violation and the matter is resolved, I doubt a DA's office would pursue anything. It would have to be one slow office for a charge like that to be prioritized.
COGypsy, you've pretty much answered my question as to time frame. I'd spoken about one month ago with the States Attorney's office (in his state). I was told to contact the police department in the town where the wedding took place. To tell them the same and the would go pick him up. Now the key word here is 'town'. We're talking maybe 600-800 people. The only reason I pointed that out was to give you an idea how slow this town really is! Think of 'Mayberry', with Andy and Oppe.

I guess I miss spoke by using the term 'press charges'. This wedding took place two months prior to him filing for the motion of divorce by default.
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Old 07-19-2012, 04:44 PM   #13 (permalink)
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Default Re: When would you press charges for bigamy?

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I was an Assistant DA for 5 years. Honestly, some (probably) over-worked guy with a docket of over 100 cases may or may not be too thrilled with being asked to prosecute a bigamy case. I suspect this may run along the same reasoning as the dearth of adultery prosecutions, even though several states have criminal statutes on the books.

Sure, give it a shot. Push it as hard as you're inclined to. I just wouldn't get my hopes up.
GTdad, what you said just 'might' stand true. And just maybe this is what he is betting on. Either way, nothing beats a failure but a try. But I must say, after mentioning the Judges name that was to rule over this case. The State Attorney's office was aware of this judge. In no time flat she informed me of just what to do. We aren't talking about a big city...not even close. This is a very small town. So unless there has been a massive out break of crimal activity. Just maybe this case might just get some attention.
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Old 07-19-2012, 05:26 PM   #14 (permalink)
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I do not think that trying to get charges pressed against him for bigamy show that you have a thing for him. It could mean that. Or it could mean that you are angered that he went off and married someone before he divorced you.
The response to people who say this is that he is using community assets (your money) for his new lifeÖ his new house, his new everything.
To me it also shows a total lack of respect for his marriage to you and the law.

How long ago did an attorney say this? The way you said it, it sounds like it was a long time ago. But he only married her recently. Has he married other women while married to you as well?

Find a different attorney.
Yes it might make him less cooperative. But it also might make him more cooperative. Do you thinkt hat that the divorce that you filed before was equitable? If not, putting in your divorce that he has already remarried could get you a way to make him more agreeable to cooperate with you.
IMHO, out of respect for yourself and your children you do not let this slide. Thatís just me.
Also, if people do not stand up to protect the marriage laws, then they mean nothing.
Further, the wife in his bigamist marriage should care a lot about this. Her marriage is not legal. She does not have any of the normal rights of marriageÖ like community property.
Hereís an article that you might find interesting.
Man charged with bigamy thought divorce was final - WKRN, Nashville News, Nashville Weather and Sports
One thing that the article brought up is that while the man claims that he thought the was divorced when he married again.. he hid his current (real) marriage to his wife by not listing it on his marriage certificate. He did mention his first marriage, but not the second and current marriage when he married his third wife. So he knew very well that he was not divorced when he married his 3rd wife.
Get a copy of your husbandís marriage certificate for this bigamous marriage and see if he put down that he is married to you and if he listed a divorce date from you.
Fight Bigamy

I would do more searching online to fine out how the state heís in right now will handle this. If you will share the names of the states both of you are in Iíll do some searching for you after work tonight.

When it comes to legal matters, Iím a big proponent of putting all the info on the table and letting the facts fall where they may. If you donít do that, it can come to haunt you later. For example his bigamous wife might later sue you claiming that you knew that he married her fraudulently and did not warn her. Thus you were involved a crime with him to defraud her. I donít know if she could get such a case to court.. but I could see her trying it when she tries to divorce him.. .which might very well happen.
EleGirl, I was online looking for an attorney. One I could get free consultation. That particular attorney just happen to had been 'one' of the two I'd spoken with and this was just yesterday 7/18. I didn't like what he had to say nor did I feel comfortable with him. You are so right about witholding information. This is exactly how I felt after finding out about this. I tried to tell my close friend that even if I did nothing that this was still a crime! A crime that I (however loosely) well aware of! Now whether she knew he was married prior to this I haven't a clue. I can only go on gut feelings and something tells me that she does. I did reseach the laws in his state even when the Clerk of Courts told me that bigamy is a crime in that state. Well, yeah! What I found out was that 'bigamy' is a class 6 felony punishable by imprisonment up to 2 year and a fine of $2 or $4,000 (can't really remember which).

As of today 7/19, I did retain an attorney. Before leaving the office the attorney had called the police department in his state to have him served with divorce (she didn't tell the person at the police department what the papers were. If she did I must had miss that because I too busy smiling!) The information was fax and a photo of the check was sent. That would be mailed out to them that day. I was told that he would be served with today on the matter of divorce. She also said that later she would put in the matter that it would be in his best interest to sign the divorce papers because we are aware of him getting married prior to the divorce. In my state there is a 90 day waiting period after filing. Now I have something planned and this is where you could probably help me. Please PM me, if possible so I can get your thoughts!

Just so you might understand WHY, I want to follow through with this bigamy thing. I will reveal this much. I'd gone back to my orginal home town (not where I live now) to close out my job of 23 years. Leaving my two sons and my bank card with him to shop for school clothes. I'd received a call from Social Services, that my youngest son was taken by the police and placed in foster care. Someone had reported a little boy running around unattended and was asking people for food. Like a bat out of hell, I was on the first thing smoking back! Not only that $400.00 was missing off my card and he said he didn't know how that happen. He didn't understand how my son ended up in foster care. Said he had only left him for a little while. Anyway, that's just part of what myself and my sons endored. The good news was that I got back my son after one day! To this day my son doesn't remember that happening...THANK GOD! But I do!
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Old 07-19-2012, 05:50 PM   #15 (permalink)
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Default Re: When would you press charges for bigamy?

Quote:
Originally Posted by Shaggy View Post
@EleGirl -the OP's H is only a bigamist in this case due to the his divorce in another stated not finalizing like he believed it would/was.
He jumped the gun and got married.


<Not a lawyer>
I don't believe you can press charges for bigamy only the DA can do that. You can sue him for divorce and cite bigamy as a reason - I believe. Which is already underway isn't it?

So what do you gain from the bigamy other than the divorce? I suppose you could try suing for damages - maybe? If you have any financial damages as a result of his second marriage.?

</Not a lawyer>
Shaggy, maybe I miss read your post. In your statement are you saying that he may have not realized that the divorce wasn't final? By which he then proceded to get married?
Well, as much as I respect your opinion (trust me I really do) let me ask you this? If you knew nine months ago that you were going to get married. The date was sat and everything. Now as far as getting the divorce process rolling, you don't do this in a timely fashion. It's three month till the wedding and now you're rushing to get this done; not taking into consideration 'Murphy's Law'. Now you've been married twice before and now you're going on your third divorce. My question to you is this? After being an 'old hat' at being divorced that many times. When did the rules change as to waiting until the divorce was finalized and a divorce decree (evidence of divorce) mailed out to you change? So you get married on the date that was planned nine months prior. To me that screams, intent to commit bigamy!

You are correct about the pressing charges thing. I would have to contact the police department with the information. He'd be picked up and the rest is left to the state. I miss spoke using the term, 'press charges for bigamy'.
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