Is a person still a bigamist once the first spouse dies?

UPDATED: Oct 1, 2022

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Is a person still a bigamist once the first spouse dies?

A is married to B. B has disappeared for two years. A married C. At this point, as I
understand it, A is a bigamist and the marriage to C is not valid. Now at some
point B dies. Does A’s marriage to C become valid? Is A no longer a bigamist?

Asked on November 21, 2017 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue really is was the marriage to C valid at the time of the marriage.  The answer is no, if A did not have B declared legally dead becuase as far as the law was concnerd he was still married to B when he married A.  A's marriage to C was never valid and does not become valid when B dies.  Get help.  Good luck.

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 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.

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