Does a divorce make the new marriage valid?

I am still legally married in Oklahoma. I’ve been
separated for over a year and divorce is taking
forever even though it’s uncontested.

I want to get married now, as my new partner is
deploying soon. We want to get married in Texas. If
we get married while I’m still married in Oklahoma,
and then I get a divorce. Is my new marriage stil
void? Would we have to get married a third time?

I know the law and the comsequences of bigamy but
just want to know if the divorce makes it the new
marriage valid

Asked on April 6, 2016 under Family Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you marry now your marriage is void. That means that it will be the same as it it never happened. Therefore, after your divorce, you have no marriage to reinstate. In other words, you must get married after your divorce; you cannpot do so prior. As you point out, you runthe risk of being accused of bigamy. At this point you can either wait or choose to have a ceremony now but without the legal paperwork). just bear in mind, it will have no legal effect.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You cannot be legally married to person B while still married to person A: any marriage until your first divorce is final will be void and will not count legally, so if you do "marry" now, you will not be married for any legal purposes and will have to "remarry" later. You can have a commitment or religious ceremony now, but it has no legal effect.


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