Bigamy

[fernandos_wifey]

the "love of my life" went off and married his babys mamma in 2008 and i found out about it this yr. she's leaving him and so am i, i have the papers already but i have a question, when i file do i file cause is bigamy?? can he get prison time for bigamy cause if he can i wanna know how to make him pay for what he did. i cant stand the fact that he did what he did and he sat there and used that poor girl like if she was his puppet and lied to me over and over and over like im some kind of joke to him. he says he's not gonna sign anything i send him. will that slow down the divorce process? oh and i also filed for full custody. how is he suppose to get served?? can i take him the papers and have him sign them at the prison or do i have to mail it to him?

[Patricks_Wifey]

Originally Posted by fernandos_wifey

the "love of my life" went off and married his babys mamma in 2008 and i found out about it this yr. she's leaving him and so am i, i have the papers already but i have a question, when i file do i file cause is bigamy?? can he get prison time for bigamy cause if he can i wanna know how to make him pay for what he did. i cant stand the fact that he did what he did and he sat there and that poor girl like if she was his puppet and lied to me over and over and over like im some kind of joke to him. he says he's not gonna sign anything i send him. will that slow down the divorce process? oh and i also filed for full custody. how is he suppose to get served?? can i take him the papers and have him sign them at the prison or do i have to mail it to him?

honestly unless you got the money for an attorney the legal system is so tied up that they arent going to do much about bigamy charges i actually been through this before and tried to press bigamy charges on him and unless you got the money its not worth it also it really doesnt matter if he doesnt sign anything theres a thing called "default" if he does not respond within 30 days to whatever court you filed with you are automatically granted permission to proceed with your divorce and it actually speeds up your divorce if anything to be honest with him being locked up you can do mail service what you do is have some one besides yourself mail him copies you DONT have certify mail it but it helps just keep your receipts either way then right after you mail it have whomever mails it for you fill out the proof of service and take it down to the court house good luck hun

[Gryphon]

To begin a criminal investigation, you'd start by asking to be interviewed by a police officer or DA investigator in the jurisdiction that could file a case. (There is probably going to be more than one possible jurisdiction, and if so you could go to more than one agency.
I'm not much use to you regarding filing a Dissolution, but you are arguing there was no marriage in the first place (depending on who was married 1st). Get "certified" documents showing his other marriage if that is what you are trying to prove. Otherwise, CA is a "no fault" state and it therefore probably doesn't matter why you are deciding to divorce.
Yes, you can get a divorce if the other person never responds. See if your home county offers "how to" clases at the courthouse or law library. many do. I'd also suggest seeing if "Nolo Press" does a CA Dissolution guide. I've seen some of their publications and they seem like a good starting place for a DIY legal problem.

Originally Posted by fernandos_wifey

the "love of my life" went off and married his babys mamma in 2008 and i found out about it this yr. she's leaving him and so am i, i have the papers already but i have a question, when i file do i file cause is bigamy?? can he get prison time for bigamy cause if he can i wanna know how to make him pay for what he did. i cant stand the fact that he did what he did and he sat there and used that poor girl like if she was his puppet and lied to me over and over and over like im some kind of joke to him. he says he's not gonna sign anything i send him. will that slow down the divorce process? oh and i also filed for full custody. how is he suppose to get served?? can i take him the papers and have him sign them at the prison or do i have to mail it to him?

[His1]

Gryphon, is right.. CA is a "No Fault" divorce state.. If you were married to him first, you are his legal wife.. His baby momma doesn't need to file because there're not legally married.. Try and get free legal advice from an attorney, or on the internet, if you want to see what can be done about filing extra charges on him for bigamy..
Good luck.

[Patricks_Wifey]

Originally Posted by HisSoul

Gryphon, is right.. CA is a "No Fault" divorce state.. If you were married to him first, you are his legal wife.. His baby momma doesn't need to file because there're not legally married.. Try and get free legal advice from an attorney, or on the internet, if you want to see what can be done about filing extra charges on him for bigamy..
Good luck.

even though you are right there is some grey area on this even though his BM and him arent legally married unless she as in the first wife does something about it there is nothing that can be done i know this to be fact as i went through something quite similar. my kids bio father married me while he was still legally married to another woman and while that makes our marriage null and void that document showing our marriage does still exist and with out a divorce decree or nullification paper to back it up any law enforcement or state agency will recognize me and him as being married regardless, i DID consult an attorney and even tried to access him and the other girls marriages certificate and because for some reason their certificate was a marked private i could not do so with out either him or her or petitioning the court so long story short it was easier to just file for my divorce, so basically because he committed perjury on our application and bcz i cannot access his first marriages certificate my hands were tied. she may not run into the same kind of problems as she is the first and original wife but really its not as cut and dry as you think the BM is a recognizable wife, and if the first wife divorced him and the BM doesnt their marriage will (the second) will still be valid without something to cancel out their certificate and the only thing his first marriages certificate would allow would be allowing her to granted her (the second marriage to nullified on the grounds of fraud and/or bigamy)
hope i was able to help

[His1]

Originally Posted by Patricks_Wifey

even though you are right there is some grey area on this even though his BM and him arent legally married unless she as in the first wife does something about it there is nothing that can be done i know this to be fact as i went through something quite similar. my kids bio father married me while he was still legally married to another woman and while that makes our marriage null and void that document showing our marriage does still exist and with out a divorce decree or nullification paper to back it up any law enforcement or state agency will recognize me and him as being married regardless, i DID consult an attorney and even tried to access him and the other girls marriages certificate and because for some reason their certificate was a marked private i could not do so with out either him or her or petitioning the court so long story short it was easier to just file for my divorce, so basically because he committed perjury on our application and bcz i cannot access his first marriages certificate my hands were tied. she may not run into the same kind of problems as she is the first and original wife but really its not as cut and dry as you think the BM is a recognizable wife, and if the first wife divorced him and the BM doesnt their marriage will (the second) will still be valid without something to cancel out their certificate and the only thing his first marriages certificate would allow would be allowing her to granted her (the second marriage to nullified on the grounds of fraud and/or bigamy)
hope i was able to help

No this makes perfect sence.. A friend of mine went through the same.. Married a man that was already married.. His 1st wife divorced him, and brought up the fact that her husband married another woman while he was still married to her.. He was brought up on bigamy charges..

[fernandos_wifey]

im the 1st wife, we been married for8 yrs. i know i sound bitter and its wrong for me to wanna keeo him in there but i believe he deserves to pay for what he did.
thanks everyone for ur advice, im going to get a lawyer and see what i can do, i want full custosy and have him sign over all his rights im sick of having to deal with him and the BM. i feel bad for her but when the truth came out it also came out that the BM knew we were still married. i just hope this is all over soon

[Patricks_Wifey]

Originally Posted by fernandos_wifey

im the 1st wife, we been married for8 yrs. i know i sound bitter and its wrong for me to wanna keeo him in there but i believe he deserves to pay for what he did.
thanks everyone for ur advice, im going to get a lawyer and see what i can do, i want full custosy and have him sign over all his rights im sick of having to deal with him and the BM. i feel bad for her but when the truth came out it also came out that the BM knew we were still married. i just hope this is all over soon

lol girl dont feel bad i will admit i was bitter too when i found out about the first marriage i wanted to get him on it myself not for me so much but for how he had turned his back on our children and left me holding the bag so to speak but in all honestly "bigamy" is something people with more money get to prosecute each other with either way best of luck to you