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Can I Get Married in Another State Before My Divorce is Final?

Can I Get Married in Another State Before My Divorce is Final?

Q: Can you sleep with someone while going through a divorce?

Legally, there is no restriction on sleeping with someone during a divorce. However, doing so may have emotional repercussions and could impact divorce proceedings, especially in custody or alimony cases. It's wise to consider how this might affect your situation and to discuss it with a legal advisor if needed.

Q: Can you date someone going through a divorce?

Yes, you can date someone who is going through a divorce. However, it’s important to be aware of the emotional complexities involved, as they may still be processing their separation. Open communication is key to navigating this situation respectfully and understanding any potential legal implications.

Q: When you are separated, are they still your spouse?

Yes, legally, you are still considered spouses during separation until a divorce is finalized. Separation does not terminate the marriage; it simply means you are living apart. This status can have legal implications, particularly regarding property rights and obligations.

Full question:

My fiance is going through a divorce now. She has been separated 12 years and thought her divorce was final. She has filed and served the ex spouse. How long before we can get married legally? Can we go to a different state-like Hawaii-and do it now?

Category: Marriage
Date: 04/07/2025
State: California

Answer:

She must have a finalized divorce decree before you can get married anywhere.
Some states have a waiting period which varies by state. .See also:

http://marriage.about.com/cs/marriagelicenses/a/waitingtime.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is it wrong to date someone while going through divorce?

Dating someone while going through a divorce can be a complex issue. Legally, there is no prohibition against dating during the divorce process. However, it may complicate the emotional aspects of the divorce and could potentially affect custody or settlement negotiations. It's advisable to consider the implications and communicate openly with your partner about the situation.

What makes a divorce decree invalid?

A divorce decree can be deemed invalid if it was obtained through fraud, coercion, or if one party did not have the legal capacity to consent. Additionally, if the decree was not properly filed with the court or if there were jurisdictional issues, it may be challenged. It's important to consult with a legal professional if you believe a decree may be invalid.

Does length of separation affect divorce?

The length of separation can influence divorce proceedings, particularly regarding property division and alimony. Some states consider the duration of separation when determining the terms of the divorce. However, in most jurisdictions, the legal grounds for divorce are separate from the length of separation. Always check state-specific laws for details.