How could someone get married to someone else if they are not legally divorced?

I just found out on yesterday that I am still legally married in the state of South Carolina when I went to the court house to seek my marriage license and she told me that I am still married because neither parties showed up for the hearing in which I knew nothing about, and he got married last year, what I am I supposed to do in seeking a divorce obviously he has gone on with his life

Asked on May 27, 2016 under Family Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact that your husband has "remarried", does not affect what you must now do if you want to marry another man. The fact is that since no final decree of divorce was issued, you are still legally his wife (and he your husband). Accordingly, before you can legally re-marry you must first obtain a divorce.

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