Can a person remarry after filing a separation agreement?

Full question:

if a person file a sepration agreement from their spouse, are they allowed to get married or do they have to wait unitl the divorce is final

  • Category: Divorce
  • Date:
  • State: North Carolina

Answer:

Parties to a marriage cannot remarry until their divorce is final, even if they are separated. A separation agreement is a formal arrangement that outlines support and financial conditions until the divorce is finalized.

According to North Carolina law, a divorce can be granted after the couple has lived separately for one year, provided that one spouse has resided in the state for six months (N.C. Gen. Stat. § 50-6). Once the divorce is final, both parties may remarry without any restrictions arising from the previous marriage (N.C. Gen. Stat. § 50-11).

In summary, a person must wait until their divorce is finalized before they can legally remarry.

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

No, you cannot remarry if you are only separated. Legally, you must wait until your divorce is finalized before entering into a new marriage. Separation does not dissolve the existing marriage.