What happens if your spouse remarries out of state before a Divorce is finalized?

Related Ads

Talk to a Local Divorce Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

Question:

My wife and I were in divorce proceedings and she had moved out of state to be with another man.  I just found out she married the other man out of state before our divorce was finalized, what type of implications will this have?

Answer:

There are specific laws for each state governing the remarriage of an individual once the divorce decree has been issued.  In some states, both parties must be given time to appeal the divorce decree before you can remarry.  In the few states that do set a time limit, the period is not very long but you need to check the laws for your state. 

To find out if your state has such a waiting period, contact the clerk of the circuit court in the county and state where the divorce was granted.  This waiting period applies even if an individual plans to remarry in another state.  In most states, your divorce isn’t final until the judge signs the order.

If your spouse remarried before your final divorce decree was signed by the judge and entered into the court record, then her remarriage, regardless of the state she now resides in, is not legal under United States law.  A marriage is considered void if one or both spouses were not unmarried at the time of marriage.

LA-NOLO1:DRU.1.6.5.20141029.29183