Rockwell, NC asked in Divorce for North Carolina

Q: My wife is still married to her first husband. If she divorces Him will we still have to get an annulment?

We got married October 18, 2015

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Amanda Bowden Johnson
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Answered

A: Technically, no because you and your wife are not married. Bigamy is a felony crime so the first step may be for her to talk to a local attorney about that aspect of things. Typically as long as it was due to a mistake, DA's are not real interested in prosecuting bigamy but if it was done purposefully and / or in furtherance of some sort of fraud, she could be in a potential heap of trouble. All that said, you may want to go through the formality of an annulment just so there is documentation.

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