He (he is a Peruvian native by the way, and not a resident of the US) married his second wife (she is also peruvian) in Peru two months before the judge finalized our (I'm American) divorce here in the U.S. He is now seeking a divorce from her, however, and is curious if he can invalidate the marriage by stating he wasn't divorced before he married her. If he does this, will he be charged with Bigamy? Would it be better just do go through the divorce procedure in Peru and not say anything about the other divorce not being final (he's the only one that knows, she doesn't)?
2006-11-30 09:33:16 · 3 answers · asked by Answer Lady 1 in Politics & Government ➔ Immigration
If the divorce was not final, a new marriage (wherever solemnized) is invalid and your ex should be able to get a declaration to that effect, or an annulment. It is possible, but unlikely, that under Peruvian law (for some reason) he was considered already validly divorced, in which case the answer would be different.
Unless there was fraudulent intent, prosecution for bigamy is unlikely. There's too much for the prosecutors to prove, and it wouldn't be in the public interest even if technically feasible.
He should discuss the matter with his lawyer. I'm confident the lawyer will give advice consistent with what I have said.
(I will not address the issue of countries -- not Peru -- where customary and polygamous marriages are allowed.)
2006-11-30 09:47:43 · answer #1 · answered by Anonymous · 2⤊ 0⤋
No it's not legal.... he may not be an american citizen but he must have legal residency here in the US ... in order to marry you legally... which, not only makes his marriage in Peru not legal, it makes him a bigamist.... and he'll be on his way to jail if anyone knows. He prob doesnt even have to divorce her, since legally , that marriage won't stand in court.... if I were you , and not that im for breaking the law...... Shhhhhh.
2006-11-30 18:02:59 · answer #2 · answered by Twynnone 3 · 0⤊ 0⤋
His marriage in peru has nothing to do woth the US their laes may be different and yes he should handle the procedure in peru. by the way what do you care he divorced you already?
2006-11-30 17:42:05 · answer #3 · answered by ask me again 3 · 0⤊ 0⤋