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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
    71,737

    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.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  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.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  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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