Is It Possible to Get Married If One Person Is Still Legally Married to Someone Else?

It is impossible to get legally married if one person is still legally married to someone else without going through the correct legal procedures. This article discusses the legal requirements, potential complications, and the importance of divorce before remarrying.

Legal Requirements for Marriage

Legally, you cannot get married without a divorce, unless your state or country specifically allows it. It is a fundamental principle of law that a person cannot be legally married to more than one spouse at a time. Any attempt to marry someone else while still married is considered bigamy and is illegal.

Bigamy and Its Consequences

Bigamy is the act of being married to more than one person at the same time or marrying someone while already legally married. It is a criminal offense in most jurisdictions and carries severe penalties, including fines and imprisonment. The second marriage is typically deemed void, meaning it has no legal standing.

Example: If Person A is married to Person B but then marries Person C without divorcing Person B, neither A nor C have a valid marriage. Any subsequent marriage between A and C is considered bigamy and illegal. Person B remains the legal spouse of Person A until the divorce is finalized or until Person A's death.

What Happens If Your Spouse Is Still Married?

Until a divorce is finalized, you are still married. A divorce is a legal process that needs to be completed before you can remarry. The marriage contract you signed, which is legally binding, needs to be legally dissolved through the court system.

Marriage and Legal Contract

Marriage is not just a cultural ceremony; it is a legal contract. The marriage contract is signed in the presence of witnesses and registered with the government by an officiant who submits the contract to the authorities. This makes the marriage legal, and the couple legally partners.

The only way to void this contract is through a final divorce decree issued by a court. Both parties receive a signed copy, and the original is filed with the government's vital statistics records. This documentation signifies that the previous marriage contract is legally void. The length of this process can vary depending on whether the divorce is contested or not.

Legal Boundaries After Divorce

Once the divorce is final, both parties are considered single and free to remarry. However, until then, any wedding ceremony or attempt to sign a new marriage contract would be illegal and considered bigamy. Bigamy is a serious offense and can have legal and social consequences.

If your spouse marries someone else before completing the divorce, they are violating the law, and their subsequent marriage is not legal. They remain your spouse, and you are still legally married.

Why Wait Before Remarrying?

Experts recommend that couples should date steadily in-person for at least two years before considering marriage. This is to ensure that their romantic chemistry is not a temporary high but a stable foundation for a lifelong commitment.

Marriage is a significant life decision. Hasty decisions can lead to unhappy marriages and unnecessary legal complications. It's crucial to ensure that you are emotionally and financially ready for marriage and to give both partners time to develop a stable relationship.

Key Takeaways

Legal Marriage: Marriage is a legal contract, not just a cultural ceremony. Bigamy: Marrying someone while still legally married is illegal and carries serious penalties. Divorce Requirements: You must divorce before remarrying legally. Pre-Marriage Considerations: Experts recommend a steady in-person dating period of at least two years to ensure compatibility.

Understanding the legal requirements and waiting until the appropriate time can help ensure your marriage is legally sound and sets a strong foundation for a successful relationship.