A question that sometimes arises in family law is whether a marriage in North Carolina was valid. Here, we discuss one of the prerequisites of marriage: solemnization before a proper officiant.
The statute can be found below:
Aviles v. Vulovic, E076743 (filed June 9, 2022).
Facts: Plaintiff Husband married Defendant Wife in 2011. However, Wife’s previous divorce had not yet finalized. Wife’s first marriage ended in a separation, and in 2006 Wife filed a petition for divorce. Wife believed that a divorce would just materialize automatically six months after the filing of the petition. In 2007, Wife and Husband began dating. They married in Las Vegas in 2011. Wife later appeared for a child support hearing with her former husband, and the presiding judge informed her that she had not yet been divorced. Wife eventually finalized the divorce in 2012. Wife and Husband had two more wedding ceremonies in 2013, however they never received a marriage certificate from the court. Husband and Wife separated in 2020 and were in court for spousal support. Husband claimed that Wife was barred from seeking support because she was in a bigamous marriage. It was the trial court’s finding that Wife was a putative spouse and awarded her temporary spousal support. Husband appealed. Continue reading →
North Carolina Divorce Lawyers Blog