Full question:
My Husband and I got married in December here in N.M. I since found out he is married to a woman in Idaho still, since around 2000. He is in jail as of last night for domestic battery. Is our marriage legally binding?
- Category: Marriage
- Subcategory: Unlawful
- Date:
- State: New Mexico
Answer:
In New Mexico, bigamy is a fourth degree felony, but it does not automatically void the marriage. According to New Mexico law (NMSA 1978, § 30-10-1), bigamy occurs when a person knowingly marries someone while still married to another person whose marriage has not been legally dissolved. While the act of bigamy is criminal, the marriage itself is not considered void.
A relevant court case, Jose S. Medina v. Rachael R. Medina, clarifies that a bigamous spouse does not automatically lose their community property rights unless circumstances are particularly egregious. The court determined that the mere fact of bigamy does not deprive a spouse of community property rights. Instead, a spouse may only lose these rights if the situation is shocking to the court.
In summary, your marriage to your husband is legally binding under New Mexico law, despite his existing marriage in Idaho. However, the implications of his bigamy may affect property rights and other legal matters in the future.
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.