Legal Question in Family Law in Canada

Legal Separation in Canada/Remarriage in Texas

I am a Canadian citizen living and working in the United States.

I am legally separated in the province of Ontario. I have been so now for 2 years. My spouse is refusing to give me a divorce.

I have since fallen in love with a woman in Texas. We want to get married. My question is this:

Can I become legally married to a person from Texas before the final papers have been filed for the divorce in Ontario, Canada since I have been legally separated for so long?

Thanks for replying asap.


Asked on 1/28/03, 11:57 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Legal Separation in Canada/Remarriage in Texas

No. If you do you are committing bigamy, which is a criminal offence in all jurisdictions. If you do remarry without first obtaining a divorce, you may be:

1. Charged ciminally, and if convicted, may be sentenced to gaol or to pay a fine, or both;

2. Your second marriage will be invalid;

3. You may be deported from the U.S. as you will be a criminal and you may well not be allowed to return, ever.

Our advice: Don't remarry without obtaining a divorce.

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Answered on 1/29/03, 12:12 am


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