Legal Question in Family Law in South Carolina
Marriage validity
My husband was previously married on 6-25-89. His ex-wife left a few days later. He had no knowledge of her whereabouts. He filed for legal separation
on 2-25-90 & the final divore decree was issued on
6-15-90. He & I have been married for over 11 years & after reviewing the documents & dates, I'm wondering whether our marriage is indeed valid. I recently discovered that her signature appears to be forged on the separation agreement. My husband's mother had signed her own name on the separation agreement & it as whited out. She signed the ex-wife's name in the wrong place & it too was whited out. Over the years, the liquid paper had faded to reveal this info. Also, the separation agreement was notarized by a family friend. I know that in our state, you have to be separated for 1 year to be granted a divorce & I see that the final decree was issued before the 1 year waiting period. If our marriage is not valid, I know that the ex-wife will cause problems and want to take what we have acquired over the years.Based on the dates provided, is it possible that our marriage is indeed invalid & what steps would I need to take if it is not valid?
1 Answer from Attorneys
Re: Marriage validity
Your husband's court ordered divorce is valid until a court says that it is not valid. Therefore, your current marriage is valid. I wouldn't worry about it. Besides, she could never come back and take all the things you two have acquired. Why on earth would someone sit around and review 11 year old divorce documents looking for a problem? May I suggest golf or maybe a good movie?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
