In furtherance of the public policy that a person is presumed not to have committed bigamy, there is a rebuttable presumption that the second of two successive marriages is valid (i.e., that former marriage was legally terminated by death or marital status judgment). However, A subsequent marriage or domestic partnership is illegal and void from the beginning if either party has a spouse or domestic partner still living unless the former marriage/domestic partnership was dissolved or adjudged a nullity before the date of the subsequent marriage/domestic partnership [Fam.C. § 2201(a)(1)].
Even though a void marriage or domestic partnership is technically nonexistent, a judgment of nullity is still advisable. The judgment will eliminate doubt as to the parties’ marital status (making the fact of invalidity a matter of public record); and will also conclusively determine the parties’ “marital” property and support rights.
Contact a lawyer who is an expert in divorce and annulment to be better informed and guided in matters regarding status of a previous marriage and the validity of a subsequent marriage.