If you file for divorce in1 stateand then re-marry someone in another state beforethe divorceis final, is the marriage legal?

I filed on CA; remarried in TX.

Asked on November 30, 2010 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

No it is not, no matter in what state that you re-married in.  This second marriage is null and void; it is not a legal marriage.  In the eyes of the law you are already married to someone else.  An annulment will need to be filed.  Then, when your divorce is final, you can get remarried.  That is the only way for the second marriage to be legitimate and legal.  Think about it, this is what divorce is for.  If you could re-marry without a final decree, why have divorce in the first place? And even once the divorce is finalized, make sure that you don't re-marry before the legally required waiting period.

Note:  The crime of bigamy has been committed (being married to 2 different people at the same time). Though the chances are slim that you would be prosecuted under the circumstances, you could be.  It is an offense punishable by jail time. 


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