Divorce & Annulment

questions & answers

Question: I am currently married but we have been living very separate lives since 2011. My spouse has just "married" someone else. I have checked with the courts and there is no marriage certificate filed, however I was informed if they are presenting as a married couple, sent out wedding invitations, etc.. that this still falls under A.R.S. 13-3606(A) Anti-Bigamy Act. I will not be the one to actively pursue divorce as I took sacred vows and getting divorced was not one of them though I will not be difficult if a divorce is presented to me. In the interim what he is doing is wrong so what do I do?

Answer: A.R.S., Section 13-3606 (a) says: "A person having a spouse living who knowingly marries any other person is guilty of a class 5 felony."  Arizona does not recognize common law marriage, so your ex cannot claim to  have remarried by common law.  Is pretending to be married a crime?  Probably not.  I don't know who told you that pretending to be a married couple is legally actionable bigamy.   You can call the police, but unless your spouse has taken out a marriage license and entered into an actual bigamous marriage, it is unlikely any legal action will be taken.  The real question here is what can you do and what do you want to do?  The simple answer is to file for divorce.  If you do not wish to legally end your marriage, your hands may be tied. 

QUESTIONS

  • I am currently married but we have been living very separate lives since 2011. My spouse has just "married" someone else. I have checked with the courts and there is no marriage certificate filed, however I was informed if they are presenting as a married couple, sent out wedding invitations, etc.. that this still falls under A.R.S. 13-3606(A) Anti-Bigamy Act. I will not be the one to actively pursue divorce as I took sacred vows and getting divorced was not one of them though I will not be difficult if a divorce is presented to me. In the interim what he is doing is wrong so what do I do?

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