Can a second marriagebe legal and valid even thougha divorcefor a first marriagedivorce was not final?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a second marriagebe legal and valid even thougha divorcefor a first marriagedivorce was not final?
Asked on August 5, 2010 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortuately, no--in the United States, a person may only be married to one person at a time. Ergo, if marriage one was still in existence--such as if a pending divorce had not yet been finalized--then marriage two is void. If someone, even if the best of intentions and misunderstanding the paperwork, got "married" while still married to someone else, that second marriage is not valid. This means even if the divorce from the first marriage was later finalized, the person would have to "re-marry" his or her second spouse to actually be married to him or her...though, certainly, a modest, quick civil ceremonty (e.g. town hall) would suffice for this purpose.
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.