Question:

My spouse got remarried to someone months prior to our divorce a few years back. Can bigamy charges be filed against my former spouse?

Answer:

I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state, but I can provide you with general tips in divorce.

Depending on your state of residence, Bigamy is classified as a grounds for divorce, and/or a crime. For example, in Ohio, it is classified as both a grounds for divorce and a First Degree Misdemeanor. So based on the fact pattern above, and assuming Maryland is like Ohio, they would be guilty of the crime. However, we, as citizens, do not have the right to prosecute criminal actions, so you have to seek a prosecutor’s assistance to do so. You should be able to do that at the prosecutor in the jurisdiction where the divorce occurred.

However, the more important question is how this may affect your Divorce. Given they were undoubtedly spending marital assets on his new spouse, there may be grounds to reopen the case. In Ohio, if a spouse had kept this a secret and it was not discovered until after the divorce, it would likely reopen the case to ensure everything was properly included in the marital assets. You should definitely speak with an attorney in your jurisdiction to see if you have any options available to you based upon the facts of your case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Ohio divorce lawyer Daniel White, contact Cordell & Cordell.