if I am legally married in NY.

UPDATED: Oct 1, 2022

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if I am legally married in NY.

I married a woman from Peru on April 15 1988. She said she was divorced in Dec, 1987. However her husband appealed the divorce and it was found in her favor in May of 1988 a month after we were married Was she able to marry under NY law while divorce was being appealed?

Asked on September 16, 2017 under Family Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he filed an appeal of the divorce itself (i.e. of the fact that they were divorced, and not just of support or the distribution of assets) on a timely basis, her divorce was not final while the appeal was pending; it was still subject to being overturned. Therefore, since her divorce was not yet final, she could not then remarry.

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