Splawn v. Splaw

429 S.E.2d 805 (1993)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W were married in April 1961. Unbeknownst to either, H had not been divorced from a first marriage which occurred in 1955. They continued the marriage until their separation in 1990, at which time W instituted divorce proceedings on the ground of physical cruelty. The divorce was denied for failure of proof; Family Court ordered that the property of the parties be equitably distributed, 60% to W and 40% to H. H then divorced on the ground of one year's continuous separation; his Complaint sought enforcement of the previous equitable distribution Order. W alleged recent discovery of H's prior, undissolved marriage. She contended (a) that their marriage was void, (b) that Husband was not entitled to a divorce, and (c) that since the marriage was void, Family Court was without jurisdiction to equitably distribute the property. This appeal resulted.