Legal Question in Family Law in Virginia

marital status

Are two people legally married if they marry one week before the divorce of one partner is final? If not, are there any laws that have been broken?


Asked on 2/21/05, 2:25 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: marital status

Getting married before one partner's divorce is final makes that person still married to the first spouse at the time of second marriage. The second marriage would be void and the individuals committed the crime of bigamy, which is still on the books in Virginia if never prosecuted.

The criminal aspect doesn't bother me but the marriage does. It is void, that is, the law considers that it never took place. If the divorce is now final, go out and get remarried right away. There are no marital rights or benefits that can be exercised in a void marriage, including insurance, wills and inheritance.

Good luck

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Answered on 2/21/05, 8:09 pm


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