Legal Question in Family Law in California

Remarrying when divorce not final

Husband went to prison and we have been separated for a year, the divorce is still in the works, he is in for another 4 years and when coming out a registered sex offender


Asked on 3/26/09, 12:44 am

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Remarrying when divorce not final

Huh...

Is there a question there somewhere?

If you remarry before your current marriage is dissolved, your second marriage is void.

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Answered on 3/26/09, 1:41 am
Garrison Klueck Law & Mediation Offices of Garrison Klueck

Re: Remarrying when divorce not final

You cannot marry another person umtil the divorce is final. You lack the "capacity" to marry. If a person marries, when they lack to capacity to marry, the marriage is a void marriage and likely the person is guilty of the crime of bigamy.

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Answered on 3/26/09, 3:21 pm


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