If my fiance was never divorced, can we legally have a wedding without doing all the marriage license and such and then do that when the divorce goes through?

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If my fiance was never divorced, can we legally have a wedding without doing all the marriage license and such and then do that when the divorce goes through?

He is 31 and was married when he was 24. They never got officially divorced. Well I just found out I am pregnant and my parents are wanting the wedding before the baby comes. They do not know that he isn’t divorced yet. He is in the process of doing the paperwork but that takes a minimum of 90 days and we want to get married in about a month.

Asked on January 14, 2016 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't get legally married while he still married to someone else, so you can't get a marriage license or have a legally binding wedding. But you can have any kind of ceremony, and call it anything you want--so you can have a wedding ceremony, then actually get civilly (legally) married later. Obviously, you may have difficulty finding a officiant (e.g. a priest or minister of some kind) who will conduct the ceremony if you are still married, but that's a different issue--legally, you can do the ceremony. (Note: a judge, justice of the peace, etc. cannot do the ceremony if the marriage will not be legal.)


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