Annulment, Bigamy, and Divorce

Feb 02

Earlier this week, the South Carolina Court of Appeals addressed the novel question of whether an annulment, which decrees a pre-existing marriage void ab initio, can be used as a defense in an action to void a marriage as bigamous, because the annulment dates back. In Lukich v. Lukich, the Court found that an annulment that declares a pre-existing marriage void ab initio does not relate back, so as to give validity to a marriage that was bigamous before the annulment. As a result, the Court held that the trial court did not abuse its discretion in barring the appellant from using her annulment decree as a defense to the respondent’s bigamy action or by ruling that the respondent did not have to comply with the temporary order for spousal support, pending the outcome of his motion to vacate that order. The full text of this opinion is available here.

Posted on 02 February 2006 Posted in Divorce | Procedure

17 Responses to Annulment, Bigamy, and Divorce

Adrienna • March 9, 2006 at 12:48 am

I have been married for 6 months. For two months I didnt live with my husband because I had surgery and had to have someone take care of me 24/7. We both have decided to get a divorce. I was wondering if I could get an annulment.We have been apart for almost two months now. He left me a note one day saying he hated me and that if any opportunities came his way he would not turn them away, so I’m ready to get out of this marriage with him. Please let me know the answer to this question.


Sherl • May 4, 2006 at 3:42 pm

I am currently in the middle of a divorce. My spouse denies living with another, but i have dectective proof and also, the other females’ home address is listed on MY credit report. I guess he used it for some accounts they have together. Would that classify him as “bigamy” for making accounts with another lady while being married to me. Remember, the divorce is not final yet.


Erin Miller • July 2, 2006 at 3:07 am

I was recently married, june 11. The week following my wedding my husband committed adultry. Also found out that he was not who he said he was as far as his job and basically fabricated his whole life. I’m wanting to get an annulment . . . is this possible??? Hopw yall can help.


miserableJuly 5, 2006 at 7:28 pm

We married in May 2004; found out in Aug 2004 that his divorce from previous wife in Germany was not final. That divorce was final in Feb 2005. What legal problems are we going to encounter because of this and how can we make things right.


Debbie • July 13, 2006 at 7:52 pm

My son is married and has had an affair with a co-worker of his. His wife has thrown him out and has left the state with their child. If they do not reconcile:
What are my son’s rights with regards to having visitation or shared custody with his daughter?
Can he insist his wife return to South Carolina with their daughter?
If she remains in Pa.,can the divorce take place in either state or does it need to take place in SC where they are both legal residents?
Can he demand to have visitation with his daughter now?
If he continues to have sexual relations with his co-worker will that influence a judge’s decision regarding visitation or custody?
If he stops seeing her immediately, will that aid his chances of maintaining custody or does his prior act count against him?


Ted • October 8, 2006 at 3:17 pm

I found that my dad when he married the second time march/1963. my mothers divorce papers state that there divorce was not final until june/1963 they were married in Ga. when he married the the the other woman was in Sc.are they legally married ?


ashle cooper • January 18, 2007 at 2:00 pm

i married a man and two months after we were married i found out that he had previously been married and had 4 children. i found out because he got sent to prison for 18 months for $50,000 in unpaid child support. he was released from prison today and has disappeared. how can i get a divorce from him if i can’t find him? or can i get an annulment?


CALVIN • February 16, 2007 at 2:38 am

I recently got married to my sister-in-law, which is legal. But then I found out that she is also my second cousin. How can I fix this?


Adams • May 11, 2007 at 3:20 pm

I married my wife in Sept of 2004. I have told her since that day that I didn’t want to be married to her anymore that I made a mistake. We have not been living together since then. I have moved to another state. Am I eligible for an annulment or a divorce?


Elliot Sanchez • May 16, 2007 at 10:30 am

I recently found out that my wife’s divorce was not finalized before we got married. Does this mean that our marriage is void?


Lalisia Hudson • November 4, 2012 at 6:19 pm

Yes it is true because I got married in 2007 and I had found out in 2008 that my husband was still married. Yes your marriage is null and void.


Lisa • July 3, 2007 at 8:56 pm

I got married in 1983. I had just turned 16 3 months before marriage. I only stayed with him off and on for 3 years. He has since remarried and we are not divorced. He has also moved across the country. We had no children or anything to split. He moves alot and is sometimes hard to find. Is this bigamy and can he be made to pay for the divorce?


Ashley • July 30, 2007 at 11:13 pm

My husband & I married in NOv. 06. His 1st wife filed for divorce in may 06. Just found out their divorce isn’t final. Is our marriage null & void? Are we even married even though we have a license?


ac • May 26, 2010 at 7:23 pm

my husband and i married in aug.’05 in nj and are in the process of a divorce in sc. but i just recently found out he was married in ’97 in ny and never divorced. my lawyer here in sc says we do not need an annulment since our marriage is not valid. doesnt nj still recognize us as married? im confused. i paid good money for my lawyer and was informed by a former legal sec. at her office that some of my money would be returned if we were just getting annuled so i waited to get proof of his former marriage in order to get the annulment and now she is saying that the money is non-refundable and that person no longer works for her and we do not need an annulment. she also said there’s not much of a change in our complaint with out the divorce to just child custody and support. ???


Lalisia Hudson • November 4, 2012 at 6:24 pm

I was married in 2007 and just found out that my husband divorce was not finalize until 2008. Do I need to get a lawyer to file for an anullment or I just can go the the court with my husband divorce paper to show we aren’t married and clear it that way.


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