Skip to main content

Apparently my soon to be ex remarried someone in another state,though our divorce is not final in CA.Bigamy,Polygamy how to file

Los Angeles, CA |

Have a first filed dissolution and custody in California.Husband moved to another state.He was served the CA summons by the Sheriff so valid service and filing.He has no contact,no support,has violated restraining orders,now have a domestic violence restraining order on him.Unknown to me he filed a SECOND case in the other state AFTER service of the CA case;did not serve me though his girlfriend says she did with POS claiming served me in that state at a fake address they used to claim I live in that state.He is claiming to be divorced in that state and claiming custody though CA already gave me custody well before the void orders he received by fraud.I know that UCCJEA and PKPA state CA is ONLY case allowed.They now claim they got married in Niagara falls and I want to charge with Bigamy

What is quickest way to charge or is it a court case for Bigamy? What evidence do I need to show? I was told a defective divorce in the other state is not a valid excuse as he clearly knew there was a first filed case that has jurisidiction. His girlfriend is crazy and cannot have children and states that MY children are her children.She is trying to kidnap my children and has already told many people even on her facebook that they are "her" children. She wrote a letter stating since she is married to my husband SHE has custody. I need to end this ASAP as she is trying to kidnap my children.Want to file Bigamy ASAP, and what can I file to protect us from this crazy lady?

+ Read More

Attorney answers 3


This is a criminal issue I would contact the DA and proceed with your divorce if your marriage was the first one since it is the only valid one. Good luck

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us at 858-720-8250 or by email at Contacting us does not create an attorney-client relationship unless we are retained.


I agree with the other attorney. Bigamy would be a criminal matter.

In the meantime, rather than focusing your efforts on making sure the ex gets "charged", focus on finishing your divorce and getting permanent orders with regard to your custody and support. Then you can have Child Support Services do the work of going after him for the support.

You will be a better parent if you conserve your energies for raising your children rather than chasing after the ex.



Am working on the divorce but the crazy lady threatening to kidnap the chilren is a safety issue for my children.She says they are "her" children, wants to kidnap them and take to the other state then claim since she will claim she is "married" to my husband; she believes the children are her children.Crazy equals dangerous as in the other state they will probably go by that states order.Waiting simply for the divorce leaves all that still there.Do you file Bigamy with police or through civil in a court?

Jack McRae

Jack McRae


First, you should get a legal consultation asap. From what you have presented thus far, you may need to make a "special appearance" in the divorce action in the other state. Done properly, the other state should relinquish any claims to jurisdiction that it might have made. Of course this presupposes that CA still retains proper jurisdiction over the children. If you were to follow up with the bigamy charge (which is probably a waste of time), you would have to reach out to the DA's office in that state which is where the bigamy occurred. Even if the DA chose to prosecute (not likely), all that does is invalidate the marriage. There is still the issue of the divorce and custody case in that state. Please ... get a legal consultation asap. You only have one set of children.


Proceed with your divorce. Get a default entered against him. Report his activities to the DA here and in the other state. Get sole legal custody orders by filing a request for orders hearing. If you amend your petition, you will also need to serve him. This will delay your request for default, though. Suggest you seek legal counsel.

Avvo child custody email series

Sign up to receive a 3-part series of useful information and advice about child custody law.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer