Can my colleague marry me when his wife is alive and has not divorced him?
I am in love with a colleague of mine. My colleague is married and living with his wife. My colleague says that he would soon move out from his house and get married to me. Can my colleague marry me when his wife is alive and has not divorced him?01/05/2017 | Category: Marriage | State: South Dakota | #29523
the former marriage has been annulled or dissolved; or
former husband or wife was absent and not known to such person to be living for the period of five successive years immediately preceding such second marriage; or
such person believed his/her former spouse to be dead at the time of the second marriage; or
In any of the above stated instances, the second marriage will be valid until its nullity is adjudged by a competent court.The relevant statutory provision in this regard is stated below.
S.D. Codified Laws § 25-1-8 reads:
“A subsequent marriage contracted by any person during the life of a former husband or wife of such person with any person other than such former husband or wife, is null and void from the beginning, unless the former marriage has been annulled or dissolved, or unless such former husband or wife was absent and not known to such person to be living for the space of five successive years immediately preceding such subsequent marriage, or was generally reputed and was believed by such person to be dead at the time such subsequent marriage was contracted, in either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.”
In the instant case, your colleague may not be able to marry you without getting a divorce from his former wife.