If my husband got remarried before divorcing me, what will happen and can this help me get custody of my children?

My husband and I separates in march of 2011 in Georgia. I have since moved to Tennessee. I have had the suspicion for 8 months that he was remarried but didn’t know for sure until now. The problem is, we haven’t divorced yet. He told me he would handle all the paperwork but he didn’t. Does his bigamy grant me automatic divorce? Furthermore, what are the consequences legally on him. Will this give me a leg up in custody of my kids?

Asked on July 22, 2012 under Family Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, if you and your husband are not legally divorced and he remarried, then his marriage to the other person is invalid as a matter of law. As to bigamy charges, such is within the discretion of the district attorney's office where your husband resides.

As to possibly getting better custody rights with respect to your children over your current husband, his apparent bigamy certainly does not help his position on the issue.

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