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Splawn v. Splawn

Supreme Court of South Carolina
429 S.E.2d 805 (S.C. 1993)


Facts

Nathaniel Splawn (plaintiff) and Louvenia Splawn (defendant) were married. Louvenia filed a petition for divorce. The family court denied the divorce but ordered an equitable distribution of the Splawns’ property. Subsequently, Nathaniel brought suit for a divorce based on one year of continuous separation. Nathaniel requested that the family court enforce the previous equitable-distribution order. Around this time, Louvenia discovered that Nathaniel had mistakenly never divorced his first wife. Louvenia argued that, as a result, the Splawns’ marriage was void, and the family court lacked jurisdiction to equitably distribute the Splawns’ property. Despite this discovery, the family court granted Nathaniel’s request and enforced the prior equitable-distribution order. Louvenia appealed.

Rule of Law

Issue

Holding and Reasoning (Chandler, J.)

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