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Im currently pending a divorce inNYC. The papers were filed with the courts in April. Can i remarry even though its not final?

New York, NY |

The papers were filed in April. Its now July and Ive already made plans to remarry in Aug.. But its not finalized. Eveytime i contact the courts they tell me 2more weeks and yet nothing is finalized. Can i still marry my fiance in August without breaking any laws? we already paid for everything and I was told that the divorce would only take 3 months.

Attorney Answers 6


  1. No you cannot remarry. You have to wait until your judgment of divorce is finalized. Otherwise your second marriage will be void and you will be guilty of bigamy.


  2. No. You can't remarry until the judgment of divorce is entered.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. No. If you marry before the judgment of divorce is signed your marriage will be void and you will have committed bigamy.

    What you can do is try to get expedited review of your papers - but you've waited till very late in the game to do it. You may want to consult an attorney to file a motion on your behalf.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  4. No. If you marry, that marriage is void because of the prior existing marriage. That can have devastating effects down the line should someone die or should there be another divorce.

    Good luck.


  5. You can still do the ceremony, but cannot "officially" marry until the divorce judgment is signed & entered in the clerk's office. Thus, if it comes down to it, you can still do the ceremony, but will need to be officially married at the clerk's office later on.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.


  6. You cannot remarry until the Judgment of Divorce is finalized.

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