Lowenschuss v. Lowenschuss

590 A.2d 297 (1991)

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Nature of the Case

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Facts

H and W entered a ceremonial marriage in 1965. At the time of the marriage, H, an experienced attorney, knew that W had obtained an Alabama divorce from her previous husband even though she had never lived there. W misrepresented to the court in Alabama that she was a resident although she only spent two days there. The parties cohabitated as husband and wife. They had four children. H contends that in 1974 he first fully became aware of the invalidity of W's prior divorce. The facts show that H talked with W's attorney in the divorce and knew of the entire facts of the situation before H married W. H did commence a divorce action in 1974 but withdrew it after claiming to know the true facts of the first divorce. W and her attorney claim that the action was withdrawn in 1974 because they had reconciled. H then claimed that he told W they were not married, but they could continue to live together. W denied that assertion. In 1981, W instituted a divorce action had H defended on the ground that no valid marriage had existed. The trial court accepted H's version of the events. It found that after 1974, H filed his tax returns as a single head of household. The trial court dismissed the action. This appeal resulted.