Legal Question in Family Law in Ohio
Can you remarry while divorce is being appealed?
I received a final divorce decree in Shelby County, Tenn. March 2002. My spouse appealed the divorce pro se but married in Ohio recently while the matter is still in the appeal. Am I divorced or not? Did he have the legal ability to remarry in Ohio while the divorce was under appeal. (You cann't be married while married to someone else.) I read where he took ''benefit of the judgment'' and is therefore barred from further appeal. But is his marriage void or voidable? No one seems to know.
2 Answers from Attorneys
Re: Can you remarry while divorce is being appealed?
You may remarry if the actual granting of the divorce is not an aspect of the appeal. Assuming that you and your former spouse stipulated to the grounds of divorce (which is the case most of the time), then there should be no problems. What you need to figure out is whether he appealed the actually granting of the divorce. I doubt that he appealed the actual divorce since he has since been remarried? More likely, he appealed the way the court divided property or how the court ruled with regard to the kids.
Re: Can you remarry while divorce is being appealed?
It is my opinion that the finality of the divorce would be the subject of Tennesse law, the State that granted the divorce. Then, the issue of the validity of the remarriage would have to be determined under Ohio law.
In general, the appeal of a divorce decree is an appeal of property or custody issues, not an appeal of the termination of the marital relationship. From that, one could logically believe themselves divorced, making the remarriage a putative marriage which becomes valid in all respects once the impediment, if any, is removed.
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