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My ex husband married someone else even though we are not legally divorced. What should I do?

My ex husband married someone else even though we are not legally divorced. What should I do?

Full question:

I have just found out that the man I married in NY in 96 has married someone else and we are not divorced. I married this man twice, the first time in 75, by doing a search I have found many marriages and divorces, and this makes me question the validity of either of my marriages. Where do I go from here, I have spoken to his current wife and she says she will help me in any way she can, so I do know that he has committed bigamy at least once and there may be more.

Category: Divorce
Subcategory: Remarriage
Date: 04/07/2025
State: Georgia

Answer:

The following is a GA statute:

§ 16-6-20. Bigamy

(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.

(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.

(c) A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.

Please see the information at the following link:

http://definitions.uslegal.com/b/bigamy/

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 happens if you marry twice without divorce?

Marrying twice without a divorce can lead to legal complications, including bigamy charges. In most states, if you marry someone while still legally married to another person, the second marriage is considered invalid. This means you may not have the legal rights typically associated with marriage, such as spousal benefits or inheritance rights. It's important to consult with a legal professional to understand your specific situation and options for resolving any marital status issues.

What happens if one party doesn't show up for divorce court?

If one party does not show up for divorce court, the court may proceed without them, potentially leading to a default judgment. This means the absent party may lose their rights to contest the divorce terms, such as asset division or custody arrangements. It’s crucial to communicate with the court and your attorney if you cannot attend, as there may be options to reschedule or submit a written statement.

What happens if you get married while being married?

Getting married while still legally married to another person is considered bigamy in most states. This can result in the second marriage being invalid and may lead to legal consequences for the person committing bigamy. Additionally, the first marriage remains legally binding until a divorce is finalized. It’s advisable to seek legal counsel to address the implications and to initiate divorce proceedings if necessary.

What happens if you get married and you are already married?

If you get married while already married, the second marriage is typically deemed invalid due to bigamy laws. This situation can have serious legal ramifications, including potential criminal charges. The first marriage remains in effect until it is legally dissolved. It is important to consult a legal professional to understand your rights and the steps needed to resolve your marital status.

What happens if you get married and not divorced?

If you marry someone without first obtaining a divorce from your previous spouse, the new marriage is generally considered invalid due to bigamy. This means you may not have the legal rights associated with marriage. To rectify this situation, you should seek legal advice to initiate divorce proceedings and clarify your marital status. Understanding the implications of your actions is essential to avoid legal complications.

What is a silent divorce?

A silent divorce is an informal term often used to describe a situation where a couple separates without going through the legal process of divorce. This can occur when they stop living together and do not file for divorce, which leaves their marital status unchanged. However, this can lead to complications regarding property division, child custody, and other legal matters. It is advisable to formally file for divorce to protect your rights.