回複：緊急求助！單身老貓，我發現我 husband 重婚

apt · 2012-09-18 09:07:23Z

回複：緊急求助！單身老貓，我發現我 husband 重婚簡介

來源: apt 於 2012-09-18 09:07:23 [檔案] [博客] [舊帖] [給我悄悄話] 本文已被閱讀：次 (1427 bytes)

回答: 緊急求助！單身老貓，我發現我 husband 重婚由聽海的人於 2012-09-17 23:22:39

You need to ask yourself what you want to do before anybody can help you.

If you want to get a divorce, then here is an explanation of your current situation.

In the first hypothesis, if he indeed had a previous marriage and never got divorced before marrying you, then your marriage is null and void. However, since you married him in good faith and did not anything, you would be qualified as a putative spouse. You would have a custody and child support fight with him. In terms of community assets division, the calculation is complicated since part of his income would be treated as community property between him and his previous marriage.

In the second hypothesis, the fact that he lied on the marriage application does not nullify your marriage. The community property division would be simpler.

In the last hypothesis, your marriage is still void and you would still be treated as a putative spouse, except everything he earned after "divorce" would be community property within your marriage so that division is simpler. Time rule is used to calculated his formal spouse's interest in the property.

Here is what you need to do. Get an attorney and file for divorce. Find out whether he indeed committed bigamy. If so, he would face criminal charges under California Penal Code 281. Polygamy is a crime in California with max punishment of $10,000 and one year in prison.