US Legal Forms
Legal Resources
Questions & Answers
Marriage
Is my marriage valid after an interlocutory decree of divorce?

Is my marriage valid after an interlocutory decree of divorce?

Q: Is divorce the legal end of a previously granted marriage?

Yes, a divorce legally ends a marriage. Once a divorce decree is finalized, both parties are no longer married and can remarry. However, if there are any pending issues like alimony or property division, those must be resolved before the divorce is considered complete.

Q: What makes a divorce decree invalid?

A divorce decree may be deemed invalid if it was obtained through fraud, if one party did not have the legal capacity to divorce, or if proper legal procedures were not followed. Additionally, if the court lacked jurisdiction over the parties, the decree could be challenged as invalid.

Q: What happens if an ex doesn't follow the divorce decree?

If an ex does not follow the divorce decree, the affected party can file a motion with the court to enforce the decree. The court may impose penalties, including fines or modifications to custody or support arrangements, to ensure compliance with the original order.

Full question:

I married my gf 2 months ago in Guam. The court granted my divorce with my former wife last week. I already had an interlocutory decree of divorce which was entered by court 6 months ago. Is my marriage with my gf valid?

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

Answer:

No, your marriage to your girlfriend is not valid. In Guam, a subsequent marriage is illegal if it occurs within one year after an interlocutory decree of divorce. Since you married before your divorce was finalized, your marriage is void. According to 19 GCA § 3105, a marriage contracted during the life of a former spouse is illegal unless the former marriage has been annulled or dissolved. In your case, the divorce was not yet final when you remarried.

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

What happens when your ex does not comply with your divorce decree?

If your ex does not comply with the divorce decree, you may file a motion for enforcement in court. The court can compel compliance, potentially leading to penalties for the non-compliant party. It's important to document any violations and seek legal advice to understand your options based on your specific situation.

Is divorce the legal end of a previously granted marriage?

What makes a divorce decree invalid?

How long does divorce take in Guam?

The duration of a divorce in Guam can vary widely depending on the complexity of the case and whether both parties agree on the terms. Generally, an uncontested divorce may take a few months, while contested divorces can take longer, sometimes exceeding a year. Factors like court schedules and the need for hearings can also affect the timeline.