legality
By Trace86
@Trace86 (5030)
United States
December 31, 2007 5:22pm CST
I work in a nursing home. We just found out that one of our male residents who is married to one of female residents, never divorced his wife back in Mexico. His sons just found out where he was and came to take him home where his first wife is in Mexico. Is he a bigamist for marrying the second lady even though he has dementia and didn't remember he was already married? Also, does the second lady (our resident) have to go back to using her maiden name? She is also fairly confused and refuses to not use his last name.
1 person likes this
5 responses
@drannhh (15219)
• United States
1 Jan 08
Wow, not being a lawyer, I have no idea, but this sounds a bit like the thing that Justice Sandra Day Oconnor and her family had to face:
http://mylifemycaremyway.wordpress.com/2007/12/07/sandra-day-oconnor-and-her-husband-in-people-magazine/
She would definitely know the law on this.
2 people like this
@asgtswife04 (2475)
• United States
1 Jan 08
I'm not sure about this one at all, but isn't it true if you are already married and try to get married again, the second marriage isn't legal because you are already married? Just curious on this one because that's how i've always heard of it. i could be wrong, Lord knows I don't know much about stuff like this. Good luck to him though and God bless
1 person likes this
@proudmamma1 (40)
• United States
31 Dec 07
that sad to hear, But i don't think the second lady has to go back to using her maden name unless she is willing to. she is legally married to him. I think even if he did remember he had wife in mexico it probably wouldnt stop him from get married to the lady here. I know a lot of cases where hispanics come here and get married and end up having a wife and kids back in mexico
2 people like this
@johnrp (69)
• United States
1 Jan 08
You don't know that the man was ever married in Mexico unless you see documentation. Anyone can say anything. Children may want to believe that their parents were married, but they may or may not know for sure. The man may have some small income those people want to get their hands on.
People can use any name they want to, so long as their purpose is not to deceive.
