Marriage Legal?


#1

I have found some further information on my question. I have been able to determine that in NC a bigamous marriage (which I had)is void from the beginning and does not need to be voided by the District Court. If my marriage were voidable for some other reason (underage, too drunk to consent [:)]) then the marriage would have to be voided by the court.

So, if the marriage was void from the beginning, the divorce would also be void. I am absolutely ecstatic that I can say I am not divorced - I was never married!

I have a Consent Order for Child Custody and Support that came after the divorce decree and is a separate document, so I don’t think I have anything to be concerned about regarding custody of my children.

If anyone has any knowledge on this, it would still be appreciated greatly.


#2

Your divorce was not illegal, but was unnecessary. You were never legally married and therefore did not need to be divorced.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I have what will probably be an interesting question.

Two and half years into my marriage, my husband (now ex) was going through a custody case for his daughter. While reviewing records in preparation for court, I saw his divorce-decree, custody and child support order. Low and behold, he was not yet divorced from the 1st wife until six months after we married! Huge arguement ensued, but that doesn’t matter here. When I brought this up to his custody attorney, he simply said “Do not bring it up in court” and I didn’t (before you think I am an idiot - I was only 21 at this point).

Fast forward six years and we separate. I bring up the above with my attorney. She stated I was never legally married. I asked about getting an annulment vs. divorce. She said it would be expensive, because she would have to review case law (she had never seen this before) and thought NC might not allow the annulment because it would “bastardize the children”. I didn’t understand why NC would care, but definitely didn’t have the money to go the expensive route.

I have now been divorced for five years, but still wonder about this. Was my divorce even legal if my marriage wasn’t legal?