A court can find that a marriage was void ab initio, if one of the parties was already married and did not obtain a divorce from the first spouse. The parties met online in September 2000, when the wife was about 54 years old and the husband was about 40 years old. They married in April 2002, and the husband vacated the marital residence in November 2011. The court found that the husband was not eligible to marry the wife in April 2002, because he remained married to his first wife, and that the parties' marriage was void ab initio. Apparently, the marriage was good until 2004, when the husband unsuccessfully attempted to start up his own construction business, with substantial assistance from the wife, and the wife discovered that the husband was wanted by the police in Virginia and North Carolina. After the husband was arrested, his contributions toward household expenses decreased and his child moved in with the parties. The wife worked as a middle school teacher until 2006. The court found the husband at greater fault for the breakdown of the "marital" relationship. Currently, the wife, 66, is undergoing chemotherapy and receives $488 per week from Social Security and $1,032 per week from her New York State Teacher's pension. The husband, 52, earns $469 gross per week as a carnival ride operator. The court did not award alimony. The court awarded the wife her 401(k) and New York State Teacher's pension. The court awarded the wife the marital residence, which she owned prior to the "marriage," and ordered the wife to pay the husband $10,000 within 90 days or, alternatively, at the rate of $300 per month. The court awarded the wife the Honda and the husband the Ford 150 truck.

VIEW FULL CASE