QUESTION
Can we get married if he is legally seperated?
Asked on Mar 18th, 2013 on Divorce - California
More details to this question:
My boyfriend is legally separated from his wife because she cheated on him with another man. She plans to marry the other guy. My boyfriend and I also plan to get married only we are trying to do it sooner. Both parties are positive they are not reuniting with each other. Can we get married before the divorce is final?
11 ANSWERS
You cannot validly marry if he is still married to someone else. Until his divorce is final, he is still married. Legal separation does not terminate the marriage, so legally separated spouses cannot remarry other people.
Answered on Mar 18th, 2013 at 9:00 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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No. You can have only one spouse at a time.
Answered on Mar 18th, 2013 at 2:19 PM
Both parties have to be unmarried with a court judgment that says so if either has ever been married. If your boyfriend does not have a judgment of dissolution of marriage, any marriage to you will constitute bigamy and be invalid.
Answered on Mar 18th, 2013 at 2:18 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No. If either of you get married before the Judge enters the Final Judgment of Dissolution of Marriage, you will be guilty of the crime of bigamy and, also, your marriage would be null and void as being invalid.
Answered on Mar 18th, 2013 at 2:18 PM
No, legal separation, which is a separate court action, does not alter the parties marital state. They remain married and can not marry others. A dissolution must be filed and the parties returned to the status of single persons through a dissolution judgment which has become final before either can remarry.
Answered on Mar 18th, 2013 at 2:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not legally. He will be committing the crime of bigamy.
Answered on Mar 18th, 2013 at 2:17 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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No. He must not be married at the time.
Answered on Mar 18th, 2013 at 2:16 PM
John Arthur Smitten
You both have to be legally unmarried otherwise your marriage will be void.
Answered on Mar 18th, 2013 at 2:16 PM
No. That would be bigamy and against the law
Answered on Mar 18th, 2013 at 2:16 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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NO the legal separation must be converted to a divorce and then you must wait 6 months to get married or the marriage is void.
Answered on Mar 18th, 2013 at 2:15 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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No. Your marriage would be bigamous if you don't wait.
Answered on Mar 18th, 2013 at 2:14 PM