If my first husband was married before but listed our marriage as his first does that make our marriage void?
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If my first husband was married before but listed our marriage as his first does that make our marriage void?
Asked on January 8, 2012 under Family Law, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No it does not make the marriage void and it is questionable if lying on an application makes the marriage voidable. It would only have been void had he still been married to his fiirst wife at the time he entered in to the marriage with you. He would not have had the capacity to "contract" which is what a marriage is - a contract. I think that there are other issues here and you need to speak with an attorney. Good luck.
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