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Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 38912
Experience:  30 years as a family law lawyer .
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I live in South Carolina and had a common law wife of 12 years

Customer Question

I live in South Carolina and had a common law wife of 12 years whom I left about 2 months ago. I married another woman 1 month ago without knowing that I needed to obtain a divorce from my common law wife whom I now want to get back with. I want to know how would I get the current marriage voided so my common law wife learns nothing about the marriage and since according South Carolina law I am still legally married to her.
Submitted: 6 years ago.
Category: Family Law
Expert:  RayAnswers replied 6 years ago.
Thanks for your question.You have to file for divorce here.You have to be divorced first.Any subsequent “marriage” entered into without the couple divorcing is a bigamous and void marriage. Entering into a bigamous marriage because a common law marriage was not terminated by divorce creates a legal mess and you are going to need a divorce lawyer to seek divorce from first wife.Your second marriage is annulable if the second wife decides to file for one.I am not at all sure that you can pull this off without wife number two finding out.You can try but you will need a lawyer to file for divorce here.
Customer: replied 6 years ago.

I wanted to know how to get the second marraige voided so that my common law wife would not find out. you say that it is voided but I need to know how to have it legally voided

Expert:  RayAnswers replied 6 years ago.
You would file for annulment.you are arguing you were common law married at the time so second marriage is void.You will need lawyer to fiel for annulment.If you get annulment then first marriage would then be valid as common law.
Expert:  RayAnswers replied 6 years ago.
You would file for annulment.you are arguing you were common law married at the time so second marriage is void.You will need lawyer to file for annulment.If you get annulment then first marriage would then be valid as common law.