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Getting Remarried Before Divorce is Final

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  • 09-17-2009, 04:59 PM
    Cristal
    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....
  • 09-17-2009, 06:03 PM
    Mr. Knowitall
    Re: Getting Remarried Before Divorce is Final
    Yes; probably nothing; you need to enter into a valid marriage.
  • 09-17-2009, 07:17 PM
    cyjeff
    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.
  • 09-18-2009, 01:57 PM
    Cristal
    Re: Getting Remarried Before Divorce is Final
    Thank you both very much......
  • 09-18-2009, 03:27 PM
    cyjeff
    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.
  • 11-09-2009, 04:10 PM
    lala23
    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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