Author Topic: Valid marriage?  (Read 463 times)

Offline Jomot

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Valid marriage?
« on: Sunday 17 December 17 01:58 GMT (UK) »
I know I should know the answer to this but I'm beginning to doubt myself. 

Charles married wife 1 in 1903 but abandoned her 2-years later. 

In 1908 he married wife 2.  Wife 1 was still alive but died 3-months later.  Her will details Charles abandonment of her & their children but does not mention a divorce. 

In 1915 wife 2 remarries claiming Charles is dead.

In 1917 Charles marries wife 3.

Assuming there was no divorce from wife 1, am I right in thinking that marriage 3 was valid but marriage 2 was not?  This was in America (Ohio) if that makes any difference.
MORGAN: Glamorgan, Durham, Ohio. DAVIS/DAVIES/DAVID: Glamorgan, Ohio.  GIBSON: Leicestershire, Durham, North Yorkshire.  RAIN/RAINE: Cumberland.  TAYLOR: North Yorks. BOURDAS: North Yorks. JEFFREYS: Worcestershire & Northumberland. FORBES: Berwickshire, CHEESMOND: Durham/Northumberland. WINTER: Durham/Northumberland. SNOWBALL: Durham.

Offline AMBLY

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Re: Valid marriage?
« Reply #1 on: Sunday 17 December 17 02:18 GMT (UK) »
My take:
Assuming there was no divorce from Wife1, then marriage to wife2 in 1908  was bigamous at the time it occurred. (Thinks out loud: Would Wife1's death 3 months later mean the law would reconsider his 2nd marriage in 1908  legal after the fact, if it came to being tested in court?  :-\

The 1915 Marriage of Wife 2, is illegal on her part, if he is still alive  and if there was no divorce.

Regardless of Wife2's bigamous marriage in 1915, his 1917 marriage to wife 3 would only be legal for Charles if wife-2 is dead, or if they had at some point divorced.

Was divorce easily come by in Ohio at this time? 

Cheers
AMBLY
Census information Crown Copyright, from www.nationalarchives.gov.uk

"Now that we're all here, I'm not sure if we're all there...."

 Entre los individuos, como entre las naciones, el respeto al derecho ajeno es la paz
 Among individuals, as among nations, respect for the rights of others is peace
    ~Benito Juarez (1806-1872)

Offline Jomot

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Re: Valid marriage?
« Reply #2 on: Sunday 17 December 17 03:11 GMT (UK) »
Hmm, a few things to think about there - I thought that wife No. 2's second marriage would be valid as the first one wasn't, meaning she had no living spouse.  This is the same logic I applied to Charles' 3rd marriage, but then I started to doubt myself.  :-\

From what I can gather, the divorce laws in Ohio were based on the English laws, and there had to be one 'faultless' party.  I've no idea about cost, but Charles doesn't seem to have had any money - he remained with his 3rd wife and from what I can gather she was the main breadwinner. 
MORGAN: Glamorgan, Durham, Ohio. DAVIS/DAVIES/DAVID: Glamorgan, Ohio.  GIBSON: Leicestershire, Durham, North Yorkshire.  RAIN/RAINE: Cumberland.  TAYLOR: North Yorks. BOURDAS: North Yorks. JEFFREYS: Worcestershire & Northumberland. FORBES: Berwickshire, CHEESMOND: Durham/Northumberland. WINTER: Durham/Northumberland. SNOWBALL: Durham.

Offline AMBLY

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Re: Valid marriage?
« Reply #3 on: Sunday 17 December 17 04:07 GMT (UK) »
Mmm, yes (doubts self  :P) - you're right!  If marriage to wife 2 wasn't legal, then wife's 2 subsequent remarriage wasn't bigamous, and his subsequent remarriage to wife 3 therefore wasn't bigamous either since his legal spouse, wife 1, was deceased.

I guess I was thinking... if the death of legal wife 1, very soon after his illegal marriage to wife 2,  somehow legitimized the marriage to wife 2.......then my original thought was as thunk  ;D

Cheers
AMBLY
Census information Crown Copyright, from www.nationalarchives.gov.uk

"Now that we're all here, I'm not sure if we're all there...."

 Entre los individuos, como entre las naciones, el respeto al derecho ajeno es la paz
 Among individuals, as among nations, respect for the rights of others is peace
    ~Benito Juarez (1806-1872)