Ask Rated Best Divorce Lawyer Brooklyn: Can I get remarried during the divorce process?
As a former law clerk and new attorney, I have seen many cases where the parties have been separated for years and even decades before filing for divorce. Many of those litigants have new partners and wish to get remarried. The process for obtaining a divorce, especially in a contested case and especially in New York, can be long and tedious. Many litigants mistakenly believe that if they have signed a Judgment of Divorce, a settlement agreement, or have submitted their paperwork to the court, they are able to get remarried either religiously or civilly. However, per Best Divorce Lawyer Brooklyn, it is illegal to get remarried, religiously or in a civil forum, until a judge has signed your Judgment of Divorce and entered it with the County Clerk’s office.
While you may be emotionally ready to move on, New York law is clear: you cannot remarry until your divorce is finalized. Attempting to remarry before your prior marriage is legally dissolved can lead to serious legal consequences, including criminal charges.
Consequences of Bigamy
Bigamy is a criminal offense in most states. Under New York Penal Law § 255.15, you may be guilty of bigamy if you knowingly enter into a marriage while still legally married. Bigamy is a class E felony with penalties including up to four years in prison, fines, and potentially a permanent criminal record.
Furthermore, under New York Domestic Relations Law, any second marriage while you are still legally married will render the second marriage void from the start. Essentially, your second marriage will have no legal effect, which may cause issues with inheritance, immigration, health benefits, and any tax filings.
When Can You Remarry?
In New York, a party to a divorce matter is free to remarry as soon as the divorce is finalized, which is determined when a judge has signed the Judgment of Divorce and it has been entered with the County Clerk’s office. If you are unsure whether your divorce has been finalized, contact an attorney or your local County Clerk.
My experience
While I was a law clerk, I was subject to regular phone calls from litigants asking for me to resolve their divorce matter expeditiously because they desperately wanted to get remarried. I have also seen many, many cases where a party remarries in another country or has a religious marriage ceremony while still being legally married to their first spouse. Any remarriage before the finalization of a prior divorce, no matter the location or type of ceremony, is considered bigamy and can have serious legal consequences.
It is important to note that in New York, it is illegal to have a religious marriage ceremony with one person while you are still legally married to another person. If you are unsure whether your religious marriage ceremony counts as a legal marriage, please contact an attorney. I have seen cases where a litigant to a divorce matter remarries someone else in a religious ceremony. Such actions not only can culpate someone with bigamy but can also affect determinations in the divorce matter, including child custody.
Further, it is vital to have patience while you are waiting for the resolution of your divorce matter. Especially in New York, Kings, Queens, and Bronx county, there is a long backlog of cases and few judges to resolve them. It often takes months or years for the finalization of the divorce process. While waiting for the signature on your divorce documents is frustrating, it is vital to wait until you are completely sure you are legally divorce before remarrying in any capacity.
If you have any questions regarding remarriage, please contact a matrimonial attorney.
