Legal Question in Family Law in South Dakota

Is marriage legal when spouce wasn't divorced yet?

Is a marriage legal, when spouce wasn't divorced until 2 weeks after 2nd marriage happened. (Example: Married on May 1, 1998. New spouce's first marriage divorce finalized on May 15, 1998)


Asked on 5/08/06, 7:29 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Is marriage legal when spouce wasn't divorced yet?

It is strongly suggested that a "re-marriage" ceremony be immediately performed with re-filing or new filing of the attendant Marriage Certificate.

In the past, After parties remain "married" for a period of time, after removal of a marriage "impediment," many States, recognized the "legality" of such marriages.

However, in the event of divorce and the death of one of the parties, the legality of such a marriage invariably creates legal issues that are not easily resolved.

Good luck,

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Answered on 5/09/06, 1:44 pm


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