Remarried in U.S. while divorce was at decree nisei stage in U.K.

UPDATED: Sep 30, 2022

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Remarried in U.S. while divorce was at decree nisei stage in U.K.

I believed divorce was finalized but it turns out the decree absolute was not yet
granted. Is the marriage in U.S. invalid? How can this situation be fixed? Do we
need to be remarried and will there be any issues once we try to remarry?

The decree absolute for previous marriage was granted few weeks after U.S.
marriage certificate was issued in NY state.

Asked on October 18, 2016 under Family Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, the U.S. recognizes foreign marriages. Accordingly, in the eyes of this country's law, since you "remarried" prior to your divorce being finalized your "second marriage" was null and void. In other words, it is as though it never happened. At this point, if you and your partner want to stay together has a married couple, you'll need to go through another marriage ceremony. However, this time it will be legal. For the particulars as to all of this, you should consult directly with a local divorce attorney who can best advise you further.

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 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.

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