Which marriage would be legal in this case?

Question

If, say, a man loses his wife and she's mistakenly confirmed dead and then he remarries, then sometime later his "dead" first wife turns up alive would their marriage still be legal or would his marriage to his second wife be legal because his fist wife was believed dead?

The best example I could think of is in an episode of Babylon 5 and Capt. John Sheridan's first wife turned up alive. (The ship she was in was destroyed.)

Answer 1

The marriage to the second wife is the legal one.

Answer 2

I really would not know if this would still be legal or not if she was confirmed dead and showed up alive later. He needs to contact and attorney about this one and see what his options are. He is not a bigamist in this case and why in the world would she decieve him like this? He needs to file for divorce from her and remarry this same person if need be. She was being awful deceptive and dishonest by playing dead to the world. If there was a legal death certificate when you married then this should be very legal. Are you sure she is really alive or is it someone who looks like her. What proof did he have that she was dead in the first place if i may ask?

Answer 3

If the first wife was legally pronounced dead with a death certificate then his second marriage should be legal but if not just get a divorce. What really is the questions was why was the first wife presumed dead in the first place?

Answer 4

That's a bit Desperate Housewivesy.

I -think- that there's a law saying that if you haven't had contact with your spouse in x amount of years that the marriage is considered over, but I'm not sure what the amount is.

Answer 5

He must first have his wife declared legally dead or divorced her before remarrying.

http://www.predator-awareness.com/

Answer 6

If she is CONFIRMED dead, then I believe legally he can remarry again.