Can I remarry before my divorce is final?

If you are contemplating remarriage, it is crucial to understand the legal stipulations surrounding your current divorce proceedings. In Virginia, as in all states, there are clear legal guidelines regarding remarriage after divorce.

Keep reading for more information from our Fairfax divorce lawyer, then call (855) 541-4867 to schedule a consultation.

Virginia law on remarriage

Virginia law explicitly requires that your divorce be finalized before you can legally remarry. According to Virginia Code § 20-89.1, it is unlawful for any person divorced in Virginia to remarry outside of the Commonwealth within six months after the divorce decree is issued unless they remarry the same person. Moreover, you must wait until the divorce decree is final and any appeal period has expired in Virginia. This period ensures that the divorce is legally binding and all appeals are settled, solidifying the end of the marital union.

Why you should wait

Attempting to remarry before your divorce is finalized is legally considered bigamy, which is a criminal offense under Virginia law. If you remarry before your divorce decree is absolute, your new marriage can be deemed invalid. This scenario can complicate your marital status and have legal implications regarding your finances, property rights, and any ongoing divorce negotiations or settlements.

Considerations before remarrying

Beyond legalities, there are emotional and financial considerations to take into account. Divorce can be a complex and emotionally charged process. Ensuring you have fully resolved marital issues, including emotional entanglements and financial obligations like alimony and child support, is crucial before entering into a new legal commitment.

Legal advice is crucial

We advise waiting until your divorce is finalized before considering remarriage. Planning a wedding around the expected finalization of a divorce can be risky if delays or complications arise. It is advisable to have clear confirmation from your divorce attorney that all legal processes have been concluded and that it is legally safe to remarry.

Planning for a new marriage

If you are planning to remarry after your divorce is finalized, consider speaking with a divorce attorney about the implications of your new marriage on your financial and familial situation. This might involve discussing prenuptial agreements, the impact on estate plans, and how your new marriage could affect any existing child custody arrangements or support obligations.

Let us help you embark on this new chapter in your life

While starting a new chapter through remarriage can be appealing, it is important to ensure you fully comply with Virginia law. “Can I remarry before my divorce is final?” The answer is a definitive no, according to Virginia law.

To navigate these complex legal waters and to protect your interests, consider engaging with the skilled attorneys at Select Law Partners PLLC. We can guide you through your divorce process and prepare you for the next steps toward a new marriage, ensuring that all legal aspects are carefully handled. Contact us for a comprehensive consultation to discuss your situation and any questions about remarriage after divorce.

Related articles for further reading

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Click here for full disclaimer or view our Privacy Policy

Main Offices:

FREDERICKSBURG OFFICE
910 Littlepage Street
Suite A
Fredericksburg, VA 22401
Hours: M-Th 9a-5p, Fr 9a-1p

FAIRFAX OFFICE:
4085 Chain Bridge Road
Suite 300
Fairfax, VA 22030
Hours: M-Th 9a-5p, Fr 9a-1p

© Select Law Partners, PLLC. All rights reserved.