When is a divorce final for purposes of re-marriage?

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When is a divorce final for purposes of re-marriage?

My fiancee is here from Singapore, and is going through a divorce in Singapore. Her divorce has already been approved and the interim judgement has been accepted. It takes 2 weeks to 3 months for the divorce to be in the computer systems in Singapore. Since it has already been approved and filed, are we still able to get married?

Asked on October 9, 2012 under Family Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a person has previously been married, then Virginia law will require a person to present evidence that the prior divorce has been finalized with a final decree or judgment.  An interim judgment in Singapore is not a final judgment--it's more akin to temporary orders in the states. Once approved, they can be incorported into a final judgment.  A divorce in Singapore is not finalized until a Certificate of Making Interim Judgment Final form is entered.  Once a divorce is finalized, Singapore requires someone to wait three months-- however, Virginia does not have that requirement and if you are planning on getting married in Virginia, then you and your fiance can get married once you have the final judgment.

If you obtain a license and wed prior to the divorce being finalized, it could invalidate your marriage.  This is important because Virginia does not recognize common law marriages. 


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