Can You Remarry if You Are Not Divorced Yet?

There are very few certainties in life, and the law is rarely completely cut-and-dried. On the matter of remarrying before your divorce is finalized, however, the law is completely clear. Until a divorce decree has been issued, you do not have the legal capacity to marry. To do so is the crime of bigamy. Discuss your questions and concerns about divorce with an experienced Lebanon, PA, divorce attorney at Feeman Law Offices today.

Marriage Is a Legal Contract

Marriage is a legally binding contractual union between two people. Divorce is the dissolution of this contract, and before you can remarry, you must be free of the bonds of matrimony. In other words, you can’t enter a marriage contract when you are bound by another.

Bigamy Is against the Law in All 50 States

Bigamy is a federal crime and is against the law in all 50 states. This means that, if you remarry before your divorce is finalized, your bigamous marriage will not be recognized anywhere in the country. The crime of bigamy is a misdemeanor of the second degree in Pennsylvania, and a conviction carries potential jail time.

Dating Prior to Divorce Could Directly Affect Your Terms

You are under no legal obligation to live a single lifestyle while your divorce is pending. Doing so, however, can pave the way toward a less contentious case, which can translate to better terms.

While most divorce cases in Pennsylvania are no-fault, the state does grant fault-based divorces, and the most common ground in these cases is adultery. In a divorce based on adultery, the fact of having a romantic relationship outside of marriage can limit or void the at-fault spouse’s alimony, even if they were otherwise entitled to it.

The fact of an affair, however, can also be taken into consideration regarding alimony in no-fault cases. And the following can apply to either fault-based or no-fault divorces:

• If the adulterous spouse wasted considerable marital assets on the relationship, it could have an impact on the division of marital property.
• If the adulterous relationship harmed the children in some way, child custody could be affected. For example, if the cheating spouse left the children alone, or if their paramour posed some risk to them.

Protecting your rights as a parent and your financial rights is paramount in divorce. As such, it’s always in your best interest to hold off on entering a new relationship or on continuing one before your case has been finalized.

Turn to Our Experienced Lebanon, PA, Divorce Lawyer for the Help You Need

Scot Feeman at Feeman Law Offices is a trusted divorce attorney with more than twenty years of impressive experience backing him up, and he has the legal skill and compassion to help you. The outcome of your case is important to your future, so please don’t wait to reach out for more information by contacting us online or giving our firm a call at 717-273-1763 today.