How do I go about getting and annulment and having him prosecuted?

Asked over 3 years ago - Texarkana, TX

I was dating a man for two years. We recently got married January 14, 2011 in Las Vegas. Once we came back from Vegas I found out that he was researching "can I be married to two people at the same time" on his laptop. When I inquired about it, he mentioned that he was just curious. A week ago he skipped out on me and the kids 4 another woman. This prompted me to find out if he had gotten a divorce in 2009 as he mentioned. The deeds clerk in Milwaukee found no divorce on file. He knew he was still married and married me anyway. How do I have him prosecuted for bigamy and go about getting an annulment ASAP? He flew to NY to be with another woman. Does he have to be living here in TX to be prosecuted? I found the 1st wife and informed her. How can she get a divorce in Milwaukee? Thanks .

Attorney answers (3)

  1. Thomas James Daley

    Pro

    Contributor Level 18

    4

    Best Answer
    chosen by asker

    Answered . The first wife's divorce is the first wife's problem.

    You can file a motion to have your marriage declared void, which you should do ASAP. If you don't do that, then as soon as the first marriage is dissolved, your marriage will spring to life and you will start accumulating community property that you might have to split with him one day.

    File your motion to declare marriage void ASAP and get him out of your life.

    Good luck!

  2. Cynthia Russell Henley

    Contributor Level 20

    Answered . You do not need an annulment because you were not married to him. One cannot be married to two people (in Texas) at the same time. The second marriage (according to Texas law) would not be a marriage.

    You should ask the question under Las Vegas to see if it is different there.

    The wife in Milwaukee needs to file for divorce and have him served.

  3. Yevgeny Jack Berner

    Pro

    Contributor Level 15

    Answered . I am a Washington attorney and have no knowledge regarding the laws, rules or procedures in the State of TX. If your situation was occuring in the State of Washington, my answer would be as follows:

    When you say he skipped out on you "and the kids" do you mean your kids together or just your kids? Fraud/bigamy is certainly a basis for annulment. As for prosecution, I'd call the county prosecutor and see if they're interested. Since he resided in your state with you, it sounds like there may be sufficient personal jurisdiction over him there to prosecute him.

    I highly recommend you confer with an experienced family attorney in your State about this.

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