Recent case highlights importance of securing proof of dissolution of prior marriages.

A celebrity divorce getting messy and making headlines is nothing unusual. But in the case of Congressman Alan Grayson’s divorce proceedings, the headlines are unusual indeed. Grayson’s wife Lolita filed for divorce in January, seeking custody of their minor children as well as alimony, child support, and possession of their marital home. In April, Grayson’s attorneys filed papers accusing his wife of bigamy. According to these documents, Lolita Grayson did not actually obtain a divorce from her first husband until 1994, four years after she had married the congressman. Therefore, the documents argue, the marriage was bigamous and Lolita Grayson should not be entitled to custody, alimony, or marital property. Rather, she should be ordered to repay Congressman Grayson for all of the property and money received during their supposed marriage.

In an affidavit released last week, Lolita Grayson finally responded to the accusations of bigamy, stating that she believed she was divorced in 1981, when her first husband presented her with divorce papers to be filed in Guam. She denied all knowledge of the alleged 1994 divorce proceeding.

While we will have to wait and see how this case plays out, it does bring up an important point for anyone getting a divorce, make sure you are really and truly divorced before you remarry! You cannot just assume that you are divorced because you filed the paperwork. You need to wait until you receive the final divorce decree. The date on this decree is your official date of divorce.

Penalties for Bigamy

Under California law, any marriage in which one spouse is actually still bound by a prior marriage to another person is considered bigamous. Knowingly entering into such a marriage is punishable by a fine of $10,000 or 1 year in jail if you are the married person or $5,000 if you are the new spouse of the married person. The only exception is if you reasonably believed the prior marriage to be terminated due to the death of the other spouse. This could be true if the person has been absent for 5 years and not known to be living during this time.

A bigamous marriage also carries an indirect penalty in the sense that if you want to end this new marriage, you will not be able to divorce (without first legally ending the prior marriage). Instead, the bigamous marriage will have to be annulled, which will deprive you of the rights to community property and spousal support that are normally available in a divorce.

Ending a Bigamous Marriage

The good news is that annulments have no waiting period, so you can proceed with an annulment immediately. If you require assistance or advice regarding ending a bigamous marriage please don’t hesitate to contact the Law Offices of Torrence L. Howell.