If I just found out that my first husband is not dead after being told that he was so I remarried 11 years ago, what do I need to do?
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Alan Pransky / Law Office Of Alan J Pransky
Answered 8 months ago
This attorney is licensed in Massachusetts
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In theory, you have committed bigamy. However, there is a defense called the Enoch Arden defense. An excellent summary of this can be found at the following link. http://legal-dictionary.thefreedictionary.com/Enoch+Arden+Doctrine This defense protects you from criminal charges for the new marriage. You should file a divorce action. This will make it clear tht husband #1 is no longer married to you. When the divorce from husband #1 becomes final, your marriage to husband # 2 should be valid.