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  • Bigamy Mexico/USA

    Hello!!! I would appreciate your help in understanding my 4 year common law partner's legal situation.
    He married in Texas, USA in 1987 while he was still married to his first wife in Mexico, a few years later he divorced his first wife and thought everything was fine. I understand that the second wife knew he was married but both of them lacking knowledge and education thought that a marriage in Mexico was not valid in USA and so they proceeded to do the deed.
    8 years ago he separated from the second wife and again due to luck of education on my partners part, he thought that by writing a simple paper between him and his second wife agreeing to divide their assets would be enough and so they agreed to divide their property in half... USA property (3 houses) and their USA business for her and their 5 children and their Mexican properties (2 houses) for him, and he continued to support them until June 2012 from Canada even though his youngest child with second wife was 23 yrs and then decided to move back to Mexico.
    We have been living together for 4 yrs now and have a 2 yrs old boy and recently finished paying the mortgage in one his houses in Mexico but now that we want to get married we were thinking that his option was to apply for divorce but I found out that apparently there was bigamy involve on my partner's part with knowledge and consent from second wife.
    According to Mexican law I understand that his second marriage is not valid and that we could get married there if we wanted to, but again BUT will my marriage be legal in USA???, what happens to the second marriage?, they had 5 children (23 yrs the youngest) and since the second wife knows that we want to get married, now she wants ALL the property in Mexico before she gives him the divorce (he bought 1 of the houses while he was separated from her) because apparently she sold all the propertly that he left her in USA and used up that money but bought a house, not in her name, but in her daughter's and mother's name to hide property in case of divorce, she even asked for $5,0000.00 dollars to pay for late property taxes on the house saying that the government want it to take it from her. I told my partner he should help her because it was for their children and so he did..
    What is the best thing to do now without getting into anymore trouble and without my partner landing in jail from a vindictive "wive". Should he apply for an annulment before we get married or can we get married and apply for an annulment at the same time since the second marriage in USA is supposedly void and he is divorced from first wife.

    Many thanks for your help.

  • #2
    Re: Bigamy Mexico/USA

    As they lived in TX, even after he legally obtained a divorce from wife 1, he and "wife 2", held themselves out to be married and appear to have complied with TX common law marriage statutes. Though their initial marriage may have been bigamous, upon the first divorce, its continuation appears to have made it legal, as a matter of law. He therefore needs a divorce from wife 2, before collecting wife 3.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      Re: Bigamy Mexico/USA

      What about:

      "Under a new provision of the Family Code, either partner in a common law marriage has two years after you split up to file an action to prove that the marriage did exist. In order to fit into this provision, you must have separated after September 1, 1989."

      it's been 8 yrs since their separation, children all grown up and 4 yrs living w/ me and our baby

      Comment


      • #4
        Re: Bigamy Mexico/USA

        As debating the issue can result in felony charges, I suggest an amicable divorce.

        Texas Penal Code - Section 25.01. Bigamy - Texas Attorney Resources - Texas Laws
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Bigamy Mexico/USA

          Only problem is she refuses to be amicable and is demanding all property assets for the divorce, so what to do??? and is just taking long ...

          Comment


          • #6
            Re: Bigamy Mexico/USA

            Negotiations can take a while.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              Re: Bigamy Mexico/USA

              Originally posted by Anckyy View Post
              Only problem is she refuses to be amicable and is demanding all property assets for the divorce, so what to do??? and is just taking long ...
              He has had years to dissolve the marriage. Once put in gear this time, the time will be miniscule compared to serving time for bigamy.

              My recommendation is that he file, a decree of dissolution can be granted -- and they can fight over the assets later. He needs to clear up his legal situation, that second marriage, before he can enter another.

              Comment


              • #8
                Re: Bigamy Mexico/USA

                Sorry I did not get that. A decree of dissolution for a divorce/annulment or what??? and where, can he apply in Mexico, where he resides, or should he do it in Texas where they got originally married. (mind that they lived all over the states, kept moving|).

                We have no family in texas so it's difficult to do it long distance. I can tell you from experience. I had a problem in Argentina but I lived in Canada at the time, I hired 2 lawyers in total in Argentina and got no results whatsoever after spending money even though I had physical proof of the other party fraudulent action. The lawyers just kept on asking for money.

                Comment


                • #9
                  Re: Bigamy Mexico/USA

                  Originally posted by Anckyy View Post
                  Sorry I did not get that. A decree of dissolution for a divorce/annulment or what??? and where, can he apply in Mexico, where he resides, or should he do it in Texas where they got originally married. (mind that they lived all over the states, kept moving|).

                  We have no family in texas so it's difficult to do it long distance. I can tell you from experience. I had a problem in Argentina but I lived in Canada at the time, I hired 2 lawyers in total in Argentina and got no results whatsoever after spending money even though I had physical proof of the other party fraudulent action. The lawyers just kept on asking for money.
                  Dissolution and divorce are one and the same, the former term in common use since no fault was adopted by the states. That is if he applies in a U.S. state, if he is qualified as a resident there to file in the first place. Otherwise, he will have to file for divorce in Mexico.

                  If he files in Mexico, he will fall under Mexican law for grounds for divorce. In either case, he is not free to marry anyone until he ends the 2nd marriage he made.

                  Comment


                  • #10
                    Re: Bigamy Mexico/USA

                    Why doesn't he divorce her in Mexico, where he resides?
                    Due to a recent promotion, I should now be referred to as Major Obvious.

                    I would not be trying to provide information and knowledge if I did not sympathize.

                    Some days it is just not worth chewing through the restraints to face life.

                    Comment


                    • #11
                      Re: Bigamy Mexico/USA

                      Originally posted by Disagreeable View Post
                      Why doesn't he divorce her in Mexico, where he resides?
                      That's what I thought to do and a "lawyer" told us that under "Mexican law", his second marriage was void because he was not free to marry anyone at the time but as laws goes in that country, apparently common-law marriage r not consider very valid for legal purposes specially when they had already been separated for 8 yrs and we have an ongoing common-law marriage for the last 4 yrs and they do not have "divorce" or any such thing for such a marriage, in fact he was told that under Mexican law since his second marriage in USA was not valid then he is free to marry me anytime he wants.

                      It's just me that have doubts regarding the legal systems of all the countries involved (I am Canadian, they married in USA and we want to marry in Mexico). I respect the laws of each country and their different societies and people so I truly want to make sure that there r not more violated laws due to disregard or ignorance.

                      Thanks for your help

                      Comment


                      • #12
                        Re: Bigamy Mexico/USA

                        There are systems of equity that take place in Mexico. Some are based on mordida. I suggest he "rediscuss" the issue with a lawyer again. Explaining that handling this situation in the US could be delicate for him and that he wondered hypothetically whether divorcing someone, the law there did not recognize him as being married to, would really create an issue, since it would help him equalize his status there with his status in the US, even if it cost a bit more and no one was harmed. If you are in the Chapala area explore a lawyer past Aijijjic.
                        Due to a recent promotion, I should now be referred to as Major Obvious.

                        I would not be trying to provide information and knowledge if I did not sympathize.

                        Some days it is just not worth chewing through the restraints to face life.

                        Comment


                        • #13
                          Re: Bigamy Mexico/USA

                          Thank you for the feed back and yes, I believe we will consult a second lawyer maybe someone more knowledgeable in Aguascalientes, which is where he resides. Peace of mind is very important to me and if we have to wait a little more, well so be it. Maybe by the time everything is finally rdy for us to marry, our son will be able to throw some rice at us and I would really love that.

                          Comment


                          • #14
                            Re: Bigamy Mexico/USA

                            Equities go a long way in the Mexican legal system.
                            Due to a recent promotion, I should now be referred to as Major Obvious.

                            I would not be trying to provide information and knowledge if I did not sympathize.

                            Some days it is just not worth chewing through the restraints to face life.

                            Comment


                            • #15
                              Re: Bigamy Mexico/USA

                              That may be true, I am not Mexican and have not real experience w/ their legal system but if it holds true then at least I hope that will help keep him away from serving time for his stupidity/ignorance.

                              Comment

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