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


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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.