Do I need an annulment or a divorce regarding my second marriage if it took place before my first marriage legally ended?

UPDATED: Aug 2, 2011

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Do I need an annulment or a divorce regarding my second marriage if it took place before my first marriage legally ended?

I married a woman in the state of TN, but my SC divorce from my first wife was not yet finalized at the time of the marriage. I live in SC now as does my second wife but we want to end the marriage. If I need to do something, in which state?

Asked on August 2, 2011 South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were not legally divorced from your first wife when you married your second wife, then your marriage to your second wife is not valid in any state in this country because their are laws against bigamy and polygamy.

If you and your wife want to end your marriage and both live in South Carolina, then she preferably needs to file a petition in the county where she lives to have her marriage declared invalid with you in the county's superior court due to you being married at the time she married you.

You should be concerned that such a petition may cause some talk and even an investigation into a criminal action against you since you were married to two woman at the same time. You should consult with a family law attorney about what you desire before filing any court papers.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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