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was void ab initio. Groover v. Groover, 383 So. 2d 280, 283
(Fla. Dist. Ct. App. 1980). Accordingly, since there was no
valid marriage, under ordinary circumstances, an annulment would
be unnecessary. Id.
We believe that petitioner sought an annulment in the Family
Court in Delaware based equally on the FBI’s revelation to her of
Mr. Khalil Aly’s marital status and motive for remaining
“married” to a U.S. citizen, and her desire to prevent him from
returning to their home. We find that petitioner was very
emotionally distressed and confused by the circumstances that
transpired during and after her visit from the FBI. We believe
that petitioner honestly thought that she had to obtain an
annulment although we are uncertain as to whether there was a
requirement for her to do so under these circumstances. While we
acknowledge that it was improper for her to seek an annulment
after she was told that a valid marriage in Florida never
occurred, we do not consider petitioner’s obtaining the annulment
as having any legal effect with respect to the issue of
petitioner’s correct filing status for taxable year 2001.
Moreover, although we acknowledge that a bigamous marriage
is voidable in Delaware, in this case the marriage was not
entered into in Delaware but Florida, where such marriages
subject the married party to a felony charge and are therefore
void. Del. Code Ann. tit. 13, sec. 101 (1999); Fla. Stat. Ann.
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