QUESTION
If divorced in a state that has a waiting period, does that prevent them from legally remarrying in a state that does not have a waiting period?
Asked on Jan 10th, 2013 on Divorce - California
More details to this question:
The person is a resident of the state without the waiting period.
9 ANSWERS
Yes, you must wait until the divorce/dissolution is final before you can remarry anywhere.
Answered on Jan 15th, 2013 at 7:13 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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Bigamy is when a married person tries to get married. Obviously the second marriages invalid because one cannot marry another person if one is already married. In other words, if you are not divorced, you are still married.
Answered on Jan 14th, 2013 at 12:16 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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The second marriage would not be valid unless a decree of dissolution (an order divorcing you) is entered and signed by a judge. So you would need to wait and finalize your divorce.
Answered on Jan 14th, 2013 at 12:16 PM
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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In this situation waiting periods are irrelevant. One cannot marry until your divorce has been finalized.
Answered on Jan 14th, 2013 at 12:15 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This is not an easy question. In all likelihood the law of the state in which the divorce was granted prevails. But there are no certainties. You could consult an experienced lawyer in your community or the one where the husband lives.
Answered on Jan 12th, 2013 at 10:24 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you marry before the waiting period is up in the state you divorce in, then you are committing bigamy.
Answered on Jan 12th, 2013 at 10:22 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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When a state has a waiting period that means the divorce is not final until that waiting period is over. If the divorce is not final, you are still legally married in every state and, therefore, you can't legally remarry anywhere until the divorce is final.
Answered on Jan 12th, 2013 at 10:22 AM
As long as you are legally divorced, you can remarry according to the statutes of the state where the marriage is to occur.
Answered on Jan 12th, 2013 at 10:18 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You cannot remarry until after the Judgment of Divorce (status) is final.
Answered on Jan 12th, 2013 at 10:17 AM