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?

Asked on July 2, 2012 under Family Law, Tennessee


Alan Pransky / Law Office of Alan J Pransky

Answered 8 years ago | Contributor

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.