If your husband has married another woman while still legally married to you, this constitutes bigamy, which is illegal in the United States. You have the right to take legal action.
Understanding Bigamy and Your Rights
Bigamy is the act of entering into a marriage with one person while still legally married to another. It's a criminal offense and can have serious legal consequences. Here's what you should consider:
- Illegality: Bigamy is a crime in all states in the United States.
- Invalid Marriage: The second marriage is considered invalid (void ab initio) from its inception. This means it's as if the marriage never happened.
- Legal Recourse: You have several legal options:
- Report the Crime: You can report your husband to law enforcement for committing bigamy.
- Annulment: While not strictly necessary since the second marriage is void, you can seek a formal annulment of the second marriage to create a clear legal record. The second "wife" may also pursue an annulment.
- Divorce: You will likely need to pursue a divorce from your husband to formally dissolve your marriage and address issues like property division and spousal support.
- Civil Lawsuit: Depending on the circumstances, you may have grounds to sue your husband and/or the other woman for damages. Consult with an attorney.
Steps to Take
-
Gather Evidence: Collect any evidence you have that proves the second marriage took place (e.g., marriage certificate, photos, social media posts).
-
Consult with an Attorney: This is crucial. A family law attorney can advise you on the best course of action based on your specific situation and state laws. They can help you navigate the divorce process, address property division, and determine if you have grounds for other legal claims. A criminal attorney can advise about pressing charges.
-
Consider Reporting to Law Enforcement: Decide if you want to press criminal charges against your husband for bigamy. Your attorney can advise on this.
-
Protect Your Assets: An attorney can help ensure your financial interests are protected during the divorce proceedings, particularly regarding marital property.
Important Considerations
- State Laws: Marriage and divorce laws vary by state. It's essential to consult with an attorney who is familiar with the laws in your jurisdiction.
- Children: If you have children with your husband, their well-being should be a priority. The divorce proceedings will need to address custody, visitation, and child support.
- Emotional Impact: Discovering bigamy can be emotionally devastating. Seek support from friends, family, or a therapist to help you cope with the situation.
