My friend remarried before her first divorce was final, so is her marriage legal?

Full question:

A friend of mine got married before she got her divorce she is now divorced from the first man is this marriage legal? Is this considered bigamy, if so, what if so what is the punisiment?

  • Category: Marriage
  • Date:
  • State: North Carolina

Answer:

A person cannot be legally married to people people at the same time. A person is still married until the divorce decreee is issued.

The following is a NC statute:

§ 14-183. Bigamy.

If any person, being married, shall marry any other person during the life of the former husband or wife, every such offender, and every person counseling, aiding or abetting such offender, shall be punished as a Class I felon. Any such offense may be dealt with, tried, determined and punished in the county where the offender shall be apprehended, or be in custody, as if the offense had been actually committed in that county. If any person, being married, shall contract a marriage with any other person outside of this State, which marriage would be punishable as bigamous if contracted within this State, and shall thereafter cohabit with such person in this State, he shall be guilty of a felony and shall be punished as in cases of bigamy. Nothing contained in this section shall extend to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to have been living within that time; nor to any person who at the time of such second marriage shall have been lawfully divorced from the bond of the first marriage; nor to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.

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

The consequences of bigamy can include criminal charges, as it is considered a Class I felony in North Carolina (N.C. Gen. Stat. § 14-183). If convicted, a person may face imprisonment, fines, or both. Additionally, the bigamous marriage is void, which can complicate legal matters such as property division and child custody in divorce proceedings.