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

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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

Answers:

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

Answered 3 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.


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