I have been separated from my 2nd “wife” for seven years and want to end my legal relationship with her. However, I discovered in the process of preparing to divorce her that I was still legally married to a woman in NC–a marriage I thought had been annulled. My first marriage will be dissolved by divorce in NC within a week, but I still have “wife” #2 to deal with. I am afraid if I try to annul that “marriage” she will try to press bigamy charges. One NC family attorney told me to file for divorce against “wife” #2, but I from my understanding that isn’t even possible or legal. I just want to end any legal claim wife #2 may have against my property, estate, etc. while avoiding legal consequences for the unintentional bigamy. Please advise. Thanks.
If your 2nd marriage took place in NC, then the marriage is void because you had a spouse living at the time of the marriage to your 2nd wife. This means you cannot obtain an absolute divorce in NC but rather you must file to have the 2nd marriage annulled (assuming you are a resident of NC).
Keep in mind that bigamy is a criminal offense in NC.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
The 2nd marriage took place in WV and we resided there as a married couple
for approximately one year before I moved back to NC, where I currently
reside. Do I file in NC or WV? Obviously that will dictate where I try to
get counsel.
If you have resided in North Carolina for the past 6 months, then you will file in North Carolina.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.