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Got remarried and found out my previous divorce never got finale from the first marriage?

Little Rock, AR |

Can my first wife press charges against me even though I did get remarried years later thinking i was divorced from her? Yes I did get remarried but I am now divorce from second wife and now going through the process of divorce with first wife after she sent me divorce papers.

Attorney Answers 2

  1. While your second marriage was void, there probably isn't much that your first wife will be able to do aside from the divorce proceedings.

    She could go to the prosecutor and ask that bigamy charges be filed, but I would be surprised if the prosecutor bothered with it.

    This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

  2. Though I do not practice in AR, I suspect that the failure of your first divorce to be finalized means that your second divorce was never valid in the first place. It sounds as though that issue has been resolved. Given the present circumstances, it seems highly unlikely that a prosecutor would choose to pursue charges now.

    You should approach an AR lawyer regarding the bigamy laws in your state, but many states have "mental states" associated with the crime of bigamy. That is, you have to attempt to marry another person why you know that you are already married to another person. Since you believed your divorce had been finalized, that may very well provide a defense under the law. Again, you should ask an Arkansas attorney about what the bigamy law says specifically in your state.

    DISCLAIMER: The sending of an e-mail or answering of a question does not create an attorney client relationship. Adam Brittle will do no work and will not monitor your matter for developments until we have met with all potential clients in person and signed a written fee agreement.

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