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Annulment, Bigamy, and Divorce

Posted by J. Benjamin Stevens | Feb 01, 2006 | 0 Comments

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 initiodoes 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.

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