In NC is bigamy a grounds for divorce since adultry isn’t
Thanks for any help in this matter.
This happened to me and no one could answer a lot of my questions, but here is what I found:
In NC, bigamy is the only reason for a marriage to be considered “void”. If your spouse was already married when they married you, then the marriage was never legal and you do not have to have an order from the court to declare it void.
You may want to go through the process of an annulment though, just to clarify the situation.
By the way, children born into a bigamous marriage are considered legitimate and bigamy is against the law. You may want to see your local DA to file charges.
That is correct. The only void marriage in North Carolina is a bigamous marriage. You do not need an order from the court to declare it void. You could file an action for Declaratory Judgement in order to make it “official” if you run into logistical problems.
However, the main ground for divorce in North Carolina is 1 year separation, regardless of fault or anything else. If you have 1 year of separation, you can obtain an absolute divorce.