Marry Two keep One Wife told.

Did You Know!
By Terry Bankert a Flint Divorce Lawyer.

A Bay City Judge recently put a woman in jail for bigamy. She was also given a deadline to get her affairs in order.

See:
http://www.mlive.com/news/bay-city/index.ssf/2010/02/divorce_one_or_the_other_judge.html

So what is the Law?

In Michigan ,Flint Divorce Lawyer Bankert said,a strong presumption exists favoring a marriage’s validity.

Once the celebration of a marriage is shown, the contract of marriage, the capacity of the parties, and everything necessary to the validity of the marriage are presumed.

The court will recognized validity of second marriage.

No fault will be found with the person conducting the ceremony. Our Courts presumption of validity of the second marriage is strong and its strength increases with the lapse of time, the birth of children, and the parties’ acknowledgment of their marriage.

We want continuity so once a marriage has been shown, the presumption is that the marriage continues.

Did you know a seven-year absence of one of the parties, however, gives rise to a presumption of death.

In the Bay City case where the wife has been married to two different people, the presumption favors the validity of the second marriage.

This presumption favoring the validity of a second marriage prevails over the presumption of a prior marriage’s continuity.

The husband in the first marriage may challenge the presumption favoring the validity of a second ceremonial marriage. He may may be rebut the presumption by a showing of facts conclusively establishing the invalidity of the second marriage.

Posted here by
Terry Bankert
www.flintfamilylaw.com

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