Help me please


Dear lost at sea:

Greetings. Wow…I am sorry to hear about your situation. Tell your spouse to get a divorce from wife #1 immediately. You will have to file an action for annulment to declare the marriage null and void. You would have to remarry after his divorce for you to be assured your marriage is valid.

You do not face any consequences that relate to your children. You must file any and all actions here in North Carolina.

Good luck…and act quickly, since sitting on your rights will only delay the inevitable.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I am married to a man whom I recently found out never divorced his first wife. I found out about her after marrying him. They married in the state of North Carolina. I am from North Carolina. They have been separated for 12 years. I We have been married for 3 years. We got married in South Carolina. We have lived in another state for 3 years. I just got the truth from him after all this time. My question is can I legally declare the marriage null and void or do I have to go through the whole divorce procedure. If he divorces the first wife properly do we have to divorce also or just remarry? What consequences do I face because I have children to protect. If I can just nullify the marriage can I do it in North Carolina or do I have to go to South Carolina? Offer any and all expert advice you can. Thank you.