Marriage during the pendency of a divorce, meaning while a divorce is still ongoing and not yet finalized, is typically considered illegal in most legal systems. This is because a person cannot legally marry another individual until their current marriage has been dissolved through a finalized divorce decree. Engaging in such a marriage can lead to serious legal consequences, including charges of bigamy. Here are important aspects to consider regarding marriage during the pendency of a divorce
Until a divorce is officially granted and the court issues a divorce decree, both spouses are still legally married. Any attempt to marry a new partner before the divorce is finalized would be considered bigamy in most jurisdictions.
Bigamy is illegal in many countries, punishable by fines, imprisonment, or both. Marrying while still legally married to another person can result in legal charges, making it essential to wait for the divorce to be fully processed.
If a marriage occurs while one party is still legally married, the second marriage is generally considered void, meaning it is invalid from the beginning.
In some cases, the marriage may be voidable, allowing the parties to annul it if the previous marriage is proven to still be valid.
Some jurisdictions may have legal exceptions for certain scenarios, such as where religious laws allow polygamy. However, these cases are rare and highly context-dependent.
Marrying during the divorce process can complicate existing legal matters such as child custody, alimony, and the division of assets. Courts may view this behavior unfavorably and it may influence decisions regarding the distribution of marital property or financial support.
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