Doke v. Doke

Marshall, Justice.

This is a motion to set aside a divorce decree incorporating a settlement agreement. The motion was filed by the appellee former husband under the provisions of Code Ann. § 81A-160 (d). The appellee argues that the divorce decree is void for lack of subject-matter jurisdiction, in that the parties’ marriage was invalid due to a prior undissolved marriage on the part of the appellant former wife. The trial judge agreed with the appellee, and the divorce decree and settlement agreement were set aside. For reasons which follow, we reverse.

As found by the trial court, these are…