Legal Question in Family Law in North Carolina

If my husband lied on the marriage certificate and said he had never been married when he was actually married and could not find his wife still has never found her doesn't that make our marriage not valid do I still need to get a divorce?


Asked on 6/05/12, 9:03 pm

1 Answer from Attorneys

In North Carolina, if a person enters into a marriage while married to another person, it is called bigamy and is also most likely a crime. The second marriage will also typically be automatically void ab initio - meaning there never was a second marriage. There are some scenarios where this will not be the case. For instance, in the circumstances that you describe, where your husband has no idea where his first wife is, it is possible that your husbands first wife died without his knowledge prior to your marriage. In which case, your marriage may be valid. Most likely however, your husbands first wife is not dead and your marriage is most likely void. If your marriage is void due to bigmay, you are ineligible for a divorce however you may want to consider going through the formal process of an annulment.

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Answered on 6/05/12, 10:23 pm


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