Do I need an annulment?

[hoosiermom]

I got married to my first husband in 1998. We separated in July 2002, and because I was young, broke, and stupid, and he had disappeared, I went forward and married my second "husband" in October 2002 without getting a divorce from husband #1. (Husband #2 was well aware of the situation and went along with it). In March 2006, I finally officially obtained the divorce from husband #1.

Now things are going very bad with husband #2, and I am ready to end the relationship. Since our marriage was "void" from the beginning, do I need to file a divorce, or an annulment, or can I just walk away without the legal hassle?

Husband #2 and I have no children together, and no shared property of substantial value (basically furniture and electronics is all - no real estate or other property).

I have looked at the Indiana statutes, but it only tells me that the marriage is void - not what to do about it.

 

[army judge]

You might need a criminal defense attorney, not an annulment.

You committed bigamy.
You are committing bigamy.
You might want to check the statute of limitations on bigamy in Indiana.
You should also familiarize yourself with the penalties for bigamy, as well.

You husband number two couldn't give you permission to break the law.

Husband number two can simply say, he didn't know. To paraphrase your words, things are falling apart. Hubby two might want to get back at you. Try proving now what you claim he knew then! Besides, even if he knew and acknowledges it, he didn't break the law, you're the bigamist.

Your "marriage" may be voidable, but husband number two has to exercise that option to unencumber himself from his present circumstance.

You aren't rewarded by being able to avail yourself of a legal remedy intended for an innocent party.

You need to speak with a criminal defense attorney. There might be a few defenses available to you.

Here is Indiana law on bigamy:

IC 35-46-1-2
Bigamy
Sec. 2. (a) A person who, being married and knowing that his spouse is alive, marries again commits bigamy, a Class D felony.
(b) It is a defense that the accused person reasonably believed that he was eligible to remarry.
As added by Acts 1976, P.L.148, SEC.6. Amended by Acts 1977, P.L.340, SEC.85.

 

[hoosiermom]

Okay, I understand I committed bigamy. But what I don't understand is how I am still committing it. The divorce from husband #1 was finalized over 4 1/2 years ago. By that account, legally that should make me currently married to no one - as I am now legally divorced from #1 and never legally married to #2.

 

[army judge]

Okay, I understand I committed bigamy. But what I don't understand is how I am still committing it. The divorce from husband #1 was finalized over 4 1/2 years ago. By that account, legally that should make me currently married to no one - as I am now legally divorced from #1 and never legally married to #2.

You married number two, before you had divorced number one. Hence, classic bigamy. Your marriage is voidable, but not by you. You committed the felony. Hubby number two is the innocent victim, along with the people of the state of Indiana.

I don't think they'll prosecute you. In fact, the SOL may have run. That's why you should speak with an Indiana criminal or family law attorney. The initial consultation is usually free.

If you think about thus, there is another way out. But, ethically I can't reveal it to you. Why not have a chat with an Indiana attorney?

I heard of a similar case. The parties in that case just kept their mouths shut and got a no fault divorce. Hmmmmmmmmmmmm..........

Did you know that pint is almost spelled like hint? Isn't that odd?