Bordone, R. v. Bordone, V.
344 A.3d 852
Pa. Super. Ct.2025Background
- Husband and Wife married in Connecticut on August 10, 2000; both believed Wife’s prior Pennsylvania divorce was final before the ceremony.
- Wife’s divorce from her first husband was not entered until August 11, 2000 — one day after the ceremony.
- The couple cohabited continuously as spouses for over 20 years, had four children, and publicly held themselves out as married.
- Wife filed for divorce in Pennsylvania in March 2021; during that litigation Husband discovered the one-day overlap and filed a separate complaint for annulment (Oct. 2022), asserting the Connecticut marriage was void for bigamy.
- The trial court appointed a master who recommended denying annulment as inequitable; the trial court dismissed Husband’s annulment complaint on October 28, 2024.
Issues
| Issue | Plaintiff's Argument (Husband) | Defendant's Argument (Wife) | Held |
|---|---|---|---|
| Choice of law: Which state’s law governs validity of marriage | Connecticut law applies and a bigamous marriage is void and cannot be cured by later removal of the impediment | Pennsylvania law applies because parties’ primary contacts are with PA and PA has an interest; PA law allows cure by cohabitation after impediment removed | Court applied Pennsylvania law (PA has greater interest) |
| Effect of bigamy on marriage validity | Marriage was void ab initio under Connecticut; annulment required | Even if bigamous at ceremony, PA statute rehabilitates marriage when impediment is removed and parties cohabit in good faith | Held marriage rehabilitated under PA §1702(a); annulment dismissed |
| Relevance of long-term cohabitation and good faith | Irrelevant under Connecticut; subsequent cohabitation cannot validate a void bigamous marriage | Cohabitation in good faith after impediment removed validates marriage under PA policy favoring marital legitimacy | Court relied on decades of cohabitation and good-faith belief to validate the marriage |
| Use of equitable principles to refuse annulment | Equitable considerations cannot override clear Connecticut rule that void marriages remain void | Equitable/public-policy considerations and PA statutory scheme support recognition of the marriage | Court permissibly considered equitable/policy factors within PA law and denied annulment |
Key Cases Cited
- Faivre v. Faivre, 128 A.2d 139 (Pa. Super. 1956) (describing annulment as declaratory of existing status)
- Mazzei v. Cantales, 112 A.2d 205 (Conn. 1955) (Connecticut treats bigamous marriages as void)
- Covington v. Covington, 617 A.2d 1318 (Pa. Super. 1992) (PA §1702 rehabilitation requires continued good-faith cohabitation after impediment removed)
- In re Lenherr’s Estate, 314 A.2d 255 (Pa. 1974) (marriage valid where it meets situs requirements unless it violates strong public policy)
- Asumana v. Asumana, 318 A.3d 950 (Pa. Super. 2024) (standard of review for annulment/void-voidable marriage rulings)