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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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