Wallington v. Wallington

In this divorce case, the couple was legally married despite initial circumstances of bigamy.

Although the parties’ marriage initially was void due to the wife’s prior marriage, applicable Texas law breaths life into a void marriage under certain conditions. Here, the wife divorced her prior spouse, and the parties continued living together and holding each other out as husband and wife for over 27 years.

The existence of the cured marriage is not repugnant to Virginia public policy, since the prior bigamy no longer exists. In any event, the parties’ marriage would be considered a common law marriage under the laws of Texas that Virginia would recognize.

Plea in bar denied.

Wallington v. Wallington, No. CL18-12239, Feb. 22, 2019. Fairfax (Ortiz).

Categories: Opinions, Virginia Circuit Courts


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