Legal Question in Family Law in North Carolina

I married my wife in 1998 in Wilmington, NC. We had a son in 1999. In 2000 we moved to Randolph county in NC. In 2001 she tells me that she wants us to renew our vows seeing as we are in a new county. I told her it didn't matter that we were in a different county that we were still married but I did it anyway.

Last week I found some papers of a divorce she filed with her first husband. The marriage was in 1995 and lasted 2 years. The divorce papers said the divorce was official in 2000. She was apparently still married to her first husband when I married her and "forgot" to get a divorce until we moved here. She never told me about any of this.

My questions: 1-Is our 1998 marriage void? 2-Can she be arrested for this? 3-Are we now married because of our vow renewal marriage? 4-Can I get the vow renewal marriage annuled?


Asked on 8/27/11, 6:15 am

1 Answer from Attorneys
Bob Bollinger Bollinger Law Firm PC

1. 1998 wedding was void due to bigamy.

2. yes

3. Depends. Did you get a new marriage license filed? Or did you guys just get a preacher to "renew" your vows? That would not have counted as a wedding or marriage. You may not be married to her at all now. Go to the county courthouse/register of deeds and look for a 2001 marriage license. It will be on file. She obviously knew that you guys were not really married in 98.

4. Don't know. Talk to a divorce lawyer in your county.

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Answered on 9/14/11, 10:13 am


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