Does a divorce make the new marriage valid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a divorce make the new marriage valid?
I am still legally married in Oklahoma. I’ve been
separated for over a year and divorce is taking
forever even though it’s uncontested.
I want to get married now, as my new partner is
deploying soon. We want to get married in Texas. If
we get married while I’m still married in Oklahoma,
and then I get a divorce. Is my new marriage stil
void? Would we have to get married a third time?
I know the law and the comsequences of bigamy but
just want to know if the divorce makes it the new
marriage valid
Asked on April 6, 2016 under Family Law, Oklahoma
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you marry now your marriage is void. That means that it will be the same as it it never happened. Therefore, after your divorce, you have no marriage to reinstate. In other words, you must get married after your divorce; you cannpot do so prior. As you point out, you runthe risk of being accused of bigamy. At this point you can either wait or choose to have a ceremony now but without the legal paperwork). just bear in mind, it will have no legal effect.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You cannot be legally married to person B while still married to person A: any marriage until your first divorce is final will be void and will not count legally, so if you do "marry" now, you will not be married for any legal purposes and will have to "remarry" later. You can have a commitment or religious ceremony now, but it has no legal effect.
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.