Mulling over the question, ‘can I get married while my divorce is in process?’ The law is clear-cut: embarking on a new marriage before your current divorce is complete is illegal and considered bigamy. This article unpacks the legal nitty-gritty surrounding this topic, from the ramifications of remarrying too soon to navigating state-by-state regulations and understanding how to move forward legally and confidently with your nuptial plans.
Getting married to someone before their divorce is finalized, even if you didn’t know they were still married, constitutes bigamy. Bigamy is a federal crime and is illegal in all states; however, certain states, like Utah, have very lax rules on bigamy. If you didn’t know about your spouse’s existing marriage, you wouldn’t be in any direct violation of the law, but your spouse may be. Because the new marriage is illegal, it is considered void in every state and can be annulled.
Understanding the Divorce Process
The process of ending a marriage, known as divorce, can be mentally and legally challenging. It involves more than just separating from your spouse. It also requires dividing shared assets and settling debts while potentially negotiating custody arrangements for any children involved. Laws regarding divorce and remarriage vary by state, which adds another layer of complexity to navigate through. This means that if you are planning on getting remarried after a previous marriage has ended officially, there may be different legal considerations depending on where you live.
The Importance of Finalizing Divorce
Prior to considering remarrying, it is important to confirm that your previous marriage has been legally terminated. This finalization occurs when a divorce decree, an official document signed by a judge, is issued. The purpose of this decree is to formally prove the dissolution of your first marriage and it serves as a legal requirement for any subsequent marriages in all states.
Legal Implications of Marrying During a Pending Divorce
Each state has its laws regarding bigamous marriages, but in no state is a bigamous marriage valid. Whether one or both of the marrying individuals believed the other was not married makes no difference as to the validity of the marriage. Furthermore, if someone knows they are still married and willingly attempts to marry again, they will face fines and jail time. Usually, there is no need to get a court-ordered annulment, as the marriage is invalid from the start.
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Bigamy Laws - Jail Time and Fines
Bigamy is considered a crime and its consequences vary depending on the state. It can be classified as either a felony or misdemeanor, but both carry severe penalties such as imprisonment for up to 5 years and criminal fines.
If accused of bigamy, evidence will be sought that shows you were legally married when entering into another marriage. This could include official documents like your original marriage certificate, tax records, or other forms proving marital status.
In cases where one partner commits bigamy, the option of annulling the illicit union may arise along with possible legal action by local authorities for breaking laws related to it.
Invalidating a New Marriage - Affects on Custody Arrangements
The repercussions of being in an invalid marriage can have both financial and custodial implications. For example, remarriage by a parent could affect any prior agreements made regarding child support payments. Custody arrangements and related court proceedings might be affected due to this lack of validity within the marital status. Entering into such a false partnership deliberately carries grave consequences under law which include imprisonment, fines or even deportation on grounds like committing acts involving deception surrounding marriages.
What About Domestic Partnerships?
Generally, anti-bigamy laws extend to domestic partnerships and same-sex couples, and while the exact statutes may differ from state to state, a new domestic partnership is not legally valid if one or both individuals fail to dissolve the old partnership before the new union.
Does Common Law Marriage Require a Divorce?
Many states don’t recognize common-law marriages as valid. For example, in Illinois, even if you live with someone for many years, have children together, and present yourself as “married” to your friends, family, and community, you are not legally married. Marriage in Illinois, and many other states, requires a marriage license. However, if you came from a state that considered your union a common-law marriage, and then you tried to get married again, thinking your common law marriage was invalid, you may run afoul of bigamy.
Can I Get In Trouble Even If I Didn’t Know Before the Marriage?
No, if you truly didn’t know the person you were married was still married, you have nothing to fear. However, if you try to stay married to that person, you run the risk of being charged with bigamy. Even if you suddenly find yourself committing bigamy, all you have to do to get the charge dropped is to annul the marriage or “divorce” the other person. Often, bigamy occurs because one person was married in another country, moves to the United States, and then gets married later, but forgets to dissolve the previous marriage. Sometimes, the person committing bigamy isn’t sure if they were properly married in their last country of residence.
Are There Any Exceptions?
It seems clear that if someone marries another person who did not procure a divorce before the new marriage, they have committed bigamy. But, if their spouse is presumed dead according to state law, there is no need to divorce before marrying.
Frequently Asked Questions
Can you get remarried while going through a divorce?
It is against the law to marry someone else while you are still legally married and going through a divorce. This means that getting remarried during a divorce process is not allowed in any of the 50 states, as it would be considered entering into a new marriage while already being married to another person. So even if your previous marriage ends, even if your previous marriage ends.
What happens if you get married before you are divorced?
It is against the law to be simultaneously married to two individuals and may result in criminal charges. Even if you have initiated divorce proceedings, legally speaking, your marriage remains intact until the court officially approves the divorce.
As a result, it is not permissible by law to get married while still technically being married through an ongoing divorce process.
How long do you have to wait before getting married after a divorce?
In the majority of states, there are no limitations on the timeframe for remarrying after receiving a final divorce decree. Some states do have mandatory waiting periods that must be observed before entering into another marriage.
Before making any decisions about getting remarried, it is crucial to research and understand the laws in your specific state regarding this matter. It is important to note whether or not there are restrictions on how long you need to wait following a divorce and if so, what those time frames may be.
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