SPLAWN V. SPLAWN
429 S.E.2d 805 (1993)
NATURE OF THE CASE: Louvenia Splawn (W) sought review of a judgment in favor of Nathaniel
Splawn (H), in a dissolution action.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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