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)
1 Answer from Attorneys
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,