Is Remarriage Valid If Divorce Is Still Pending?

Closeup of a man signing  divorce papers.
Closeup of a man signing divorce papers.

Question:

My ex and I filed for divorce in 2000 and have both since remarried. I recently found out that the divorce is still pending. Is it possible the divorce didn’t go through and what does that mean for my new marriage?

Answer:

I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.

Divorce attorney Anne Scipior
Wisconsin divorce lawyer Anne Scipior

If not all of the steps required by state law to obtain a divorce were completed, it is possible that your divorce was never finalized. Depending on when you got remarried and where you got remarried, it is possible that your current marriage is not valid.

You may be able to contact the clerk of courts in the county where your divorce was filed in to determine if the divorce was granted, and if not why not. If the divorce was not granted, and you are still technically married in that state, should consult with a domestic litigation attorney in that state to determine what steps need to be taken to finalize the divorce.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Wisconsin divorce lawyer Anne Scipior, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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