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divorce/remarry South Carolina

wygepres
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Post #1 of 2 (5828 views)

divorce/remarry South Carolina

I went to court on November 29, 1993 and I thought I was divorced as the agreement was in place and the judge said everything was fine. I got remarried on November 30, 1993 thinking I was officially divorced. I have recently learned that since the divorce papers were filed (and stamped) December 1, 1993 that I may not be legally married.

I am still with (hopefully legally married) to the person I thought/think I married on November 30, 1993. This all occurred in South Carolina.

What do I need to do? For the last 10+ years we have been living as husband and wife my wife taking my last name and using it for all legal documents.

I am afraid of the can of worms I will open if we pursue this to a conclusion.

WYGEPRES

Legal
GettingRemarried.com Legal Advisor

Post #2 of 2 (5788 views)

Re: [wygepres] divorce/remarry South Carolina [In reply to]

As per: State Laws on Validity of Marriages:

"Where parties contract a bigamous marriage in good faith and both parties believe they are married, a valid common-law marriage arises if they cohabit as husband and wife after removal of the impediment. However, if either party knew of the impediment, a new agreement of marriage after removal of the impediment, followed by cohabitation as husband and wife, is required to establish a common-law marriage."

THIS SEEMS TO SUGGEST THAT YOU HAVE A VALID COMMON LAW MARRIAGE. However, I recommend spending the few hundred dollars necessary to consult with a licensed SC attorney to verify this. Check with the SC Bar Association for a referral.

Congratulations on your 10 plus years of happy marriage.
M. Giordano
Legal Advisor