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  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Post Getting Remarried Before Divorce is Final

    My ex husband and I have been separated for more than 2 years but didn't file the divorce papers until March 2009 (in CA). When I asked my attorney in August, he said it was finalized and that I would be receiving the judgement in the mail soon because the courts are very backup. Because of this, I just recently married in Las Vegas with my now partner.

    I just found out that I am not legally divorced because it ISN'T finalized yet. It could take a few more months.

    My questions are:

    Does that mean my new marriage is a void and what will happen to me since it is illegal to remarry before the divorce is final?

    Will I need to remarry my new partner once the divorce is final?

    Any help is greatly appreciated....

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,469

    Default Re: Getting Remarried Before Divorce is Final

    Yes; probably nothing; you need to enter into a valid marriage.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Getting Remarried Before Divorce is Final

    Yes, your marriage is void.

    Yes, you are not guilty of bigamy.

    Yes, you will have to remarry your partner legally.

  4. #4
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Getting Remarried Before Divorce is Final

    Thank you both very much......

  5. #5
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Getting Remarried Before Divorce is Final

    I said you weren't guilty of bigamy....

    That is because you were acting in good faith. However, you need to move on this quickly.

  6. #6
    Join Date
    Oct 2009
    Posts
    4

    Default Re: Getting Remarried Before Divorce is Final

    Does the same thing go for death of a spouse? My husband claims that his wife was a foreign national and died in her native country however he is unable to come up with a death certificate (something to do with the war). I'm only just finding this out. I'm out of status myself is my marriage legal? Is he still able to petition an I-130 on my behalf?

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