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Sir, I have been got divorce from District Family Court, Allahabad, India, but after 3 days of decree she appealed and still going on. But I had done marry again and the first wife is not living with me since 17 yrs. Now is my 2nd marriage valid or not?
5 ANSWERS
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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Since your first marriage is not final yet, your second marriage is not valid in the U.S. for immigration purposes.
Answered on Jun 21st, 2012 at 5:56 PM
Assault Attorney serving Richardson, TX
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If you are not divorced, the marriage is voidable at best. See a family law specialist to see if there is a way to get the appeal dismissed if that has not happened by operation of law in India.
Answered on Jun 20th, 2012 at 7:11 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as you have a valid divorce decree from the first marriage, then your second marriage should be valid.
Answered on Jun 20th, 2012 at 6:54 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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No, if the divorce was not final before you remarried.
Answered on Jun 19th, 2012 at 8:11 PM
Generally, it is necessary to have a final decree of divorce before one lawfully can enter a subsequent marriage; failure to first achieve a final decree renders a subsequent marriage invalid; and a later finalization of a divorce from a first spouse will NOT make a previously invalid marriage automatically become valid. In connection with immigration-related matters based upon marriage, it would be wise to engage an immigration attorney and perhaps a domestic relations attorney to collaborate to determine whether the initial divorce decree will be sufficient under these circumstances, whether another wedding would be needed after the appeal of the first divorce decree is concluded, or whether other options might be appropriate.
Answered on Jun 19th, 2012 at 5:27 PM