www.CostaRicaTicas.com

Hey Orange........ you're a smart guy who I respect a lot. But your logic here is flawed.

If you steal my car, and the authorities don't know about it, it is still a crime. It is not a legal activity just because the illegality has not yet been discovered.

I don't know about CR law, and I certainly don't know about Islamic law that allows plural marriage, but most marriage laws require that there be CAPACITY to marry if the marriage is going to be valid. INcapacity can be the result of several issues - - - - und***ge, insanity, fraud, AND AN EXISTING MARRIAGE VALID ANYWHERE that has not yet been dissolved.

So, a second marriage without ending all prior marriages is "void ab initio" , void from the beginning.

This is where you are wrong. If he can prove he was married at the time of the CR marriage, CR will not recognize the CR marriage or union en hecho (common law marriage 3 yrs). Many use this to get out of alimony in CR and transfer of property (she would not be due half of any assets accumulated during the time together unless she is specifically named). It makes it a very easy get out of court free card in the event you can prove you ARE married elsewhere.

You are correct and that is how CR looks at it!

I don't really want to keep arguing but I'm not sure if you get the point that I'm trying to make.

Your example isn't that good here because you are comparing criminal vs legal. But lets go with it.

If I was driving your car around after I stole it and got pulled over by the cops, but they didn't run it, they would never know that I stole it, so in their eyes, I'm "legal". Same applies to this marriage in CR. Unless the CR authorities find out about the first marriage, the marriage is legal, in their eyes..

Yes, I agree that if she were to file for divorce and try to get alimony or anything, he would just need to prove that he's already married, thus voiding the second marriage and relieving him of any financial responsibility. I don't see any potential financial benefit to her from knowing he's already married, other than blackmail.

so let me get this straight: it is perfectly safe to marry a CR citizen while still being married back home. And if the CR citizen tries to haul you in court, you prove your first marriage and everything goes your way? Wouldn't that be considered a fraud, if not bigamy itself? Is there a bigamy law in CR?

What about if you 'were' married back home and divorced, and just took in the marriage certificate into CR court? Are they going to order a background check?

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bypassin' kinky, and usin' the whole chicken!!!

It's called "fraud in the inducement" when you indicate that you have the CAPACITY to marry, but really do not have that capacity to marry because you are already in a valid marriage that has not yet been dissolved.

The second "marriage" , involving fraud in the inducement, would NOT be a valid marriage. It is void ab initio-----from the beginning.

didn't answer my question. The judge just throws our her case against you? He doesn't look at Bigamy laws, or anything else? I find it hard to believe that the court would so easily side with the scumbag foreigner against one of it's own vicimized citizens.

Wonder if this works for Heroin purchases. "But, your honor, I already have Heroin back home. This purchase is not valid!"!

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bypassin' kinky, and usin' the whole chicken!!!

Here's the simple, DIRECT answer to Bash"s question..........

When a gringo is in a CR courtroom, ANYTHING can happen and not much is predictable.

now THAT sounds more like it.

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bypassin' kinky, and usin' the whole chicken!!!

That is correct! The Judge throws it out and she would have to sue you in civil court and PROVE damages!

That makes sense. But, what court would it have been in when the judge threw it out? Family court? I don't even know how this works in my own country.

Also, if you don't live in CR, what would happen if she did sue? I suppose if you don't appear you lose in default. Can CR courts make requests to US courts for remedy?

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bypassin' kinky, and usin' the whole chicken!!!

Mongers creed :

Definition of bigamy : One wife too many.

Definition of monogamy : One wife too many...

I follow Nancy Reagan's advice when the subject of marriage comes up...."Just say NO !!!"

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Don't try to understand 'em, just rope 'em down and brand 'em...

The penalty for bigamy in CR is 10 years in jail. I've personally been told this now by three CR lawyers, within the last year. It sounded like it's pretty much a standard penalty.

Also, when you marry in CR you have to fill out and sign a document listing previous marriages and divorces. They don't corroborate the information, however, if you were found to be dishonest, and you were moving to CR from somewhere else, lying on this signed document would be considered immigration fraud. I don't know about the penalties for that - likely, at least deportation.

Yes, the first marriage is the only one that is legally valid. However, to opt out of a second marriage on those grounds would involve admitting to bigamy - see first paragraph. It might be better to get a CR divorce, or leave the country.

As to prosecution in the US, laws vary from state to state, as does interest in enforcement.