Can I invalidate our marriage based on bigamy?

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Q: What is a wife entitled to after 4 years of marriage in California?

In California, after four years of marriage, a wife may be entitled to various rights, including spousal support, property division, and potentially half of the community property acquired during the marriage. The specifics can vary based on circumstances, so consulting with a family law attorney is advisable.

Full question:

My husband and I got married 3 years ago, in California. Recently I could feel a change in him. Whenever I questioned him about this, he would either ignore or evade my question. Once while he was drunk, he confessed about his former wife who he had never divorced. I do not want to be married to my husband anymore. Can I invalidate my marriage?

Category: Divorce
Subcategory: Annulment
Date: 04/07/2025
State: California

Answer:

Yes, there are situations in which even though the parties have met the procedural requirements of getting married their marriage is void or voidable. One such situation is when the parties getting married are already married to someone else at the time they get married. In California, a spouse can invalidate a marriage under the grounds of bigamy.

Per California Family Code §2201:

“a) A subsequent marriage contracted by a person during the life of his or her former spouse, with a person other than the former spouse, is illegal and void, unless:

(1) The former marriage has been dissolved or adjudged a nullity before the date of the subsequent marriage
(2) The former spouse (A) is absent, and not known to the person to be living for the period of five successive years immediately preceding the subsequent marriage, or (B) is generally reputed or believed by the person to be dead at the time the subsequent marriage was contracted.

(b) In either of the cases described in paragraph (2) of subdivision (a), the subsequent marriage is valid until its nullity is adjudged pursuant to subdivision (b) of Section 2210.”

Per California Family Code §2210:

“A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:
(a)***

(b) The spouse of either party was living and the marriage with that spouse was then in force and that spouse (1) was absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage for which the judgment of nullity is sought or (2) was generally reputed or believed by the party commencing the proceeding to be dead at the time the subsequent marriage was contracted.

(c)***
(d)***
(e)***
(f)***”

Since your husband has committed bigamy, your marriage may be illegal, voidable or void unless the former marriage is dissolved or nullified before the subsequent marriage.

Your marriage may be thus invalidated.

Or it as believed that the former spouse is absent and not known to the party commencing the proceeding to be living for a period of five successive years immediately preceding the subsequent marriage

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the number one thing that destroys a marriage?

The number one thing that often destroys a marriage is a lack of communication. When couples stop communicating effectively, misunderstandings can arise, leading to resentment and emotional distance. It's important for partners to express their feelings and concerns openly to maintain a healthy relationship.