QUESTION

Can a person be married and separated at the same time? How?

Asked on Aug 25th, 2015 on Divorce - Florida
More details to this question:
Can a person be married and separated at the same time? For instance, can my mother be separated from her previous husband, and marry my father? And what about house marriages, could a pastor marry without finding out if the couples were ever divorced?
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4 ANSWERS

A person may not remarry unless his or her former spouse has died, or there has been a divorce (not a separation) I hope this helps.
Answered on Aug 26th, 2015 at 10:54 AM

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If you are not legally divorced (with a finalized Judgment filed at the court), you cannot remarry. A pastor is not obligated to investigate every person that they marry to find out if they were ever married before and if so, if they were divorced. The pastor relies on the word of the couple when they fill out their paperwork/application and get a license to marry for the county.
Answered on Aug 26th, 2015 at 12:02 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Generally, in America, marriage is a legal status. A person cannot remarry if they are only legally separated. No remarriage is legally valid unless the party was unmarried at the time, read that divorced. "House marriages" where the party officiating does not require a marriage license, register the marriage with the authorities, and performed knowing that one of the persons is separated but not legally divorced are both invalid and potentially illegal. A person who knowingly marries another while they are married to a different person is a bigamist, which is a crime.
Answered on Aug 25th, 2015 at 6:59 PM

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NO! Any person, in Florida, who is married cannot re-marry until they are divorced from the current spouse.
Answered on Aug 25th, 2015 at 6:52 PM

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