Splawn v. Splawn

429 S.E.2d 805 (1993)

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Nature of the Case

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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.