What happens if someone gets married before they are divorced?

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What happens if someone gets married before they are divorced?

Although they were legally separated at the time of the marriage.

Asked on February 10, 2016 under Family Law, North Carolina

Answers:

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

Answered 5 years ago | Contributor

If someone "remarries" before they are divorced, then the second "marriage" is null and void. Being separated (whether or not a legal separation) does not terminate the marriage. Until a person obtains a final decree of divorce, they cannot legally re-marry. If they do, not only is their a "re-marriage" null and void, it is against the law. Anyone who attempts to marry a second spouse while still married to their first spouse is guilty of the criminal offense of bigamy.


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