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  1. #1
    Join Date
    Jan 2012
    Posts
    14

    Default Marriage Void Ab Initio - What Are My Rights and Obligations

    My question involves a marriage in the state of: Virginia

    Hello all,

    I was married to my husband in 1991. We were both on active duty in the service. I got out in 1992 and he retired in 1999. I became his dependent and received benefits under DEERS.

    A few months ago while pulling together paperwork for a divorce, I noticed that his copy of his divorce papers from his prior marriage was not signed by the judge. The only signature was from the clerk when the entry was made.

    I had him return to the courthouse and bring a final copy, and our marriage predated his final divorce decree by three weeks. When we were married he was not asked to produce proof of divorce and the date he put down on the license was the day the decree was filed, not the date it was actually final.

    So...that makes my marriage void ab initio. I know that certain annulments in VA must be done within a time frame of two years, but what about marriages that are void- vice voidable- from the beginning?

    We have a house and we are both on the title- the loan is solely his. I know a judge will force a sale if he can't or won't buy me out, but he has shown resistance to any proposal I make. He seems to think I will "calm down" and this will all blow over in a few days. This won't happen.

    I did allow my DEERS enrollment to lapse since in truth I am not eligible for those benefits and I don't want to be held liable for them, either.

    Can I walk away? How do I handle division of real estate? Do I need an annulment, or a divorce? We have no children together.

    Thanks in advance for your help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marriage Void Ab Initio - What Are My Rights and Obligations

    A bigamous marriage is void.
    Quote Quoting Virginia Code § 20-43. Bigamous marriages void without decree.
    All marriages which are prohibited by law on account of either of the parties having a former wife or husband then living shall be absolutely void, without any decree of divorce, or other legal process.
    See also the unpublished case of Davidson v Davidson, Record No. 2356-08-3 (Va. App., 2009).

    If you cannot agree on how to divide your "marital estate", and aren't willing to just walk away (I'm not suggesting that you walk away - but some people do), you will have to litigate that issue.

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