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

Asked over 1 year ago - 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. David Zaslavsky

    Contributor Level 19

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    Answered . 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. Eric Edward Rothstein

    Contributor Level 20

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    Answered . 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... more
  3. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . 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... more
  4. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

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    Answered . 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. David Ivan Bliven

    Pro

    Contributor Level 20

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    Answered . 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. Yelena Sharova

    Contributor Level 3

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

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