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My husband got remarried but we are not yet divorced. We are in ny. Can I prosecute?

Manorville, NY |

My husband and I are separated. Trial is next month. I found out a year ago that he married his mistress via pictures on facebook. He converted to Islam and I don't know if he got a license but they had a BIG wedding with guests etc. They now have a baby and he barely gives our kids any $. In fact, the trial is divorce and contempt rolled together. Should I report? Don't want to start this
if it is not going to go anywhere? But would like him to get jail time. I am not worried about him losing his
job since he works " off the books" and gives our kids only about $30 a week and pays no other bills even

though ordered to pay MucH more. Ps I am also never likely to see arrears.

Attorney Answers 4

Posted

Whether this is prosecuted or not depends on your local district attorney's office. I had a case like this and our D.A.'s office prosecuted for felony bigamy. However, they decided to prosecute in part because the offender was someone who was believed to be involved in other criminal acts which could not be proved. I would suggest you speak with your local Distrct Attorney's office to see if they are willing to prosecute this type of crime.

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Posted

You cannot prosecute; only the District Attorney can; or possibly the US Attorney if the wedding was out of New York. Contact the DA first if you are interested in pursuing htis.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Asker

Posted

Yes, I am aware of this. Thank you.

Posted

If he did not get legally married, then he can not be prosecuted. Simply having a "wedding" ceremony, is not enough. Also, if he is in jail, you will not get any support. You have to ask whether this is in your best interest.

The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons. Howard E. Knispel 631-864-7589

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Posted

Thank you for your response. I can not find out on my own if he actually obtained a marriage license or if this was just a "party". However, at the start of our trial, which continues next month, his lawyer told the judge and my lawyer (in front of me) that if he is asked about a "wedding/marriage" he advised his client to plead the 5th. My attorney asked anyway and he please the 5th. I am not concerned about child support because I am not getting any. Will the DA look up if there is in fact a license? What should I do. Thank you.

Posted

The Islamic wedding ceremony that he participated in may not be recognized as a "legal" marriage in New York, so it may or may not be considered bigomy.

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