Full question:
I married a woman in eureka springs and come to find out she was still married, am I legally married, we have filed are taxes together for 3 years. she now has filed for divorce, is this possible.
- Category: Marriage
- Subcategory: Bigamy
- Date:
- State: Oklahoma
Answer:
If your spouse was already married when you married her, your marriage is not legal due to bigamy. Under Oklahoma law, a person who is already married and marries another person is committing bigamy (Okla. Stat. tit. 21, § 881).
There are some exceptions to this law, such as if the previous spouse has been absent for five years, if the previous marriage was annulled, or if the person reasonably believed they were eligible to marry (Okla. Stat. tit. 21, § 882).
If your spouse is charged with bigamy, it is considered a felony, punishable by one to three years in prison (Okla. Stat. tit. 43, § 124).
In Arkansas, a person commits bigamy if they marry someone while still married to another. However, there are defenses available, such as believing the prior spouse was dead or that a court had annulled the previous marriage (Ark. Stat. § 5-26-201).
Since you have filed taxes together for three years, this does not change the legal status of your marriage. If your spouse has filed for divorce, it may be possible, but the legality of your marriage will be affected by her previous marital status.
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.