# Can we get remarried without divorce procedure being completed?

aiflightrefunds.com · August 2, 2026

> The Short Answer: No, You Cannot Remarry Before Your Divorce Is Final The direct and legally unambiguous answer is that you cannot lawfully remarry...

## The Short Answer: No, You Cannot Remarry Before Your Divorce Is Final

The direct and legally unambiguous answer is that you cannot lawfully remarry until your divorce is fully completed and finalized by a court of competent jurisdiction. Attempting to do so places you at risk of bigamy, a criminal offense in most jurisdictions that carries penalties including fines, imprisonment, and the automatic voiding of the second marriage. The legal system treats marriage as a contract that can only be dissolved through a formal judicial process; until that decree is issued, the prior marital bond remains legally intact. This principle holds true across the United States, the United Kingdom, Canada, Australia, and most other common law nations, regardless of whether the divorce was contested or uncontested. Even if you and your spouse have separated, signed a settlement agreement, or begun living apart for years, none of these actions legally terminate the marriage. Only a judge’s final judgment of dissolution of marriage can restore your single status and permit you to enter a new marriage contract.

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## Why the Divorce Procedure Must Be Completed First

The requirement to complete the divorce procedure before remarrying stems from the fundamental legal doctrine that a person cannot be married to two individuals simultaneously. This is known as the prohibition against bigamy or polygamy, which is embedded in the statutory law of every U.S. state and territory. When a divorce petition is filed, the court does not immediately dissolve the marriage; instead, it enters a series of interim orders, such as temporary restraining orders, child support directives, and property preservation mandates. These orders maintain the marital status quo while the case proceeds. Only after all issues—division of assets, allocation of debts, child custody, visitation, and spousal support—are resolved or litigated does the court issue a final judgment of dissolution. Until that document is signed and entered by the judge, the marriage remains legally valid. If you remarry before this point, the second marriage is void ab initio, meaning it is treated as if it never legally existed. This can have cascading consequences: your new spouse may have no inheritance rights, no claim to your health insurance, and no ability to make medical decisions for you in an emergency. In some states, you could also face criminal prosecution for bigamy, which is typically classified as a misdemeanor or, in rare cases, a felony.

## Practical Steps to Ensure Your Divorce Is Final Before Remarrying

To avoid legal complications, you must verify that your divorce is officially finalized before scheduling a new wedding. The first step is to obtain a certified copy of the divorce decree from the clerk of the court where the divorce was filed. This document will state the date on which the judgment was entered and the date it became effective. Most states require a waiting period—ranging from 30 to 90 days—after the judgment is entered before it becomes final, during which either party may file an appeal. If an appeal is filed, the divorce does not become final until the appellate court issues its ruling. You should also confirm that no post-judgment motions, such as motions to reconsider or modify the decree, are pending. Once you have the certified decree and have confirmed that the appeal period has expired without any filings, you are legally free to remarry. It is advisable to consult with your divorce attorney to confirm that all administrative requirements, such as the filing of a death certificate for the prior marriage (in some states), have been satisfied. Additionally, if you are remarrying in a different state or country, you may need to have your divorce decree authenticated or apostilled to ensure it is recognized abroad.

## Comparison Table: Legal Status Before and After Final Divorce

| Feature | Before Final Divorce | After Final Divorce |
| --- | --- | --- |
| Legal Marital Status | Married | Single |
| Right to Remarry | Prohibited | Permitted |
| Criminal Liability | Risk of bigamy charges | None |
| Second Marriage Validity | Void ab initio | Valid |
| Inheritance Rights | Spouse retains rights | New spouse has rights |
| Health Insurance Eligibility | Prior spouse may remain on policy | New spouse can be added |
| Tax Filing Status | Married filing jointly or separately | Single or head of household |
| Property Acquisition | Prior spouse may have claim | Clear title |
| Child Custody Orders | Existing orders remain in effect | May be modified upon remarriage |
| Social Security Benefits | Prior spouse may qualify | New spouse may qualify |

## Common Mistakes That Lead to Bigamy or Void Marriages
One of the most frequent errors is assuming that a separation agreement or a signed settlement contract is equivalent to a divorce. These documents are contracts between spouses regarding the division of assets and responsibilities but do not legally dissolve the marriage. Another common mistake is believing that a divorce is final once both parties have stopped living together or have agreed to part ways. In reality, the absence of cohabitation does not terminate the marriage; only a court order can do so. Some individuals also mistakenly think that a divorce granted in another country automatically recognizes their single status in their home jurisdiction. While international divorces are generally recognized under the principle of comity, the foreign decree must meet certain criteria, such as being issued by a court of competent jurisdiction and not violating public policy. Additionally, people often overlook the appeal period, which can range from 30 to 90 days depending on the jurisdiction. If an appeal is filed, the divorce is not final, and any remarriage during this period is invalid. Finally, some assume that a religious annulment, such as a Catholic annulment, has the same legal effect as a civil divorce. While a religious annulment may have spiritual significance, it does not alter one’s legal marital status for civil purposes.

## When to Act: Timing Your Remarriage After Divorce

Timing your remarriage requires careful coordination with your divorce proceedings. The earliest you can remarry is the day after your divorce decree becomes final, provided all appeals have been exhausted or waived. However, some states impose a mandatory waiting period after the divorce judgment before remarriage is permitted. For example, Wisconsin requires a six-month waiting period after the divorce is granted before either party may remarry, while Nebraska imposes a one-year waiting period for the party who caused the divorce through fault. These waiting periods are designed to prevent hasty decisions and ensure that the divorce is truly final. If you are remarrying internationally, you must also consider the laws of the country where the marriage will take place. Some countries require a certificate of no impediment, which is a document issued by your local government certifying that you are free to marry. This certificate typically requires proof of your divorce, such as a certified copy of the decree, and may involve additional processing time. It is advisable to begin the remarriage planning process at least six months after your divorce is finalized to account for any unexpected delays, such as appeals or administrative backlogs.

## Cost and Pricing Considerations for Remarriage After Divorce

The cost of remarrying after a divorce varies widely depending on the location, venue, and scale of the wedding. On average, a wedding in the United States costs between $20,000 and $40,000, with couples spending an average of $33,000 according to The Knot’s 2023 Real Weddings Study. However, if you are remarrying, you may opt for a more modest ceremony to reduce expenses. Legal fees for ensuring your divorce is final are typically included in your divorce attorney’s retainer, which ranges from $2,500 to $10,000 for an uncontested divorce. If your divorce was contested, legal fees can exceed $25,000. Additional costs include obtaining a certified copy of the divorce decree, which usually costs between $10 and $50 per copy, and any apostille or authentication fees if remarrying abroad, which can range from $20 to $100. If you are remarrying in a different state, you may need to pay for a marriage license application, which costs between $10 and $100 depending on the jurisdiction. It is also advisable to update your will and estate planning documents after remarriage, as your new spouse will automatically inherit a portion of your estate in most states unless you explicitly disinherit them. Estate planning attorney fees typically range from $1,500 to $5,000 for a basic will and trust setup.

## FAQ

1. What happens if I remarry before my divorce is final? If you remarry before your divorce is final, the second marriage is considered void ab initio, meaning it has no legal validity. You could also face criminal charges for bigamy, which may result in fines or imprisonment. Your new spouse would have no legal rights to your property, inheritance, or benefits.

2. How can I verify that my divorce is final? You can verify your divorce is final by obtaining a certified copy of the divorce decree from the clerk of the court where the divorce was filed. The decree will state the date it was entered and the date it became effective. You should also confirm that no appeals or post-judgment motions are pending.

3. Are there any waiting periods to remarry after a divorce? Some states impose waiting periods before remarriage is permitted. For example, Wisconsin requires a six-month waiting period, while Nebraska requires a one-year waiting period for the party at fault. Most states, however, allow remarriage immediately after the divorce decree becomes final.

4. Can I remarry in another country if my divorce is final? Yes, but you may need to provide proof of your divorce, such as a certified copy of the decree, and possibly an apostille or authentication. Some countries also require a certificate of no impediment, which certifies that you are free to marry.

5. Does a religious annulment allow me to remarry legally? No, a religious annulment, such as a Catholic annulment, does not have legal effect for civil purposes. You must complete the civil divorce process before you can legally remarry. A religious annulment only addresses spiritual status within the faith.

## Quick Facts

| Category | Key Fact or Number |
| --- | --- |
| Legal Status Before Divorce Final | Married |
| Criminal Risk | Bigamy charges possible |
| Waiting Period to Remarry | Varies by state (0 to 12 months) |
| Cost of Certified Divorce Decree | $10 to $50 |
| Average Wedding Cost | $20,000 to $40,000 |
| Best for | Individuals with finalized divorce decrees |

## Sources

- FindLaw, "Common Law Marriage: State Guide"
- History.com, "A Timeline of Divorce in America"
- ElderLawAnswers, "Does Divorce Affect Social Security Spousal Benefits?"
- U.S. Catholic, "A harsh annulment process places heavy burdens on Catholics"
- The Guardian, "‘A few beatings won’t kill you’: judge rejects divorce request of woman abused by husband in Afghanistan"
- Brides, "Struggling After a Divorce? Here's Why You're Having Trouble Moving On"
- IslamQA, "Marriage in Islam: If a divorced woman decides to get married, must she be represented by a wali or can she give herself to marriage without a wali?"
- The Gospel of Luke, Christian views on divorce

## Follow-Up Keyword

remarry after divorce waiting period

## Quick answers

### What happens if I remarry before my divorce is final?

If you remarry before your divorce is final, the second marriage is considered void ab initio, meaning it has no legal validity. You could also face criminal charges for bigamy, which may result in fines or imprisonment. Your new spouse would have no legal rights to your property, inheritance, or benefits.

### How can I verify that my divorce is final?

You can verify your divorce is final by obtaining a certified copy of the divorce decree from the clerk of the court where the divorce was filed. The decree will state the date it was entered and the date it became effective. You should also confirm that no appeals or post-judgment motions are pending.

### Are there any waiting periods to remarry after a divorce?

Some states impose waiting periods before remarriage is permitted. For example, Wisconsin requires a six-month waiting period, while Nebraska requires a one-year waiting period for the party at fault. Most states, however, allow remarriage immediately after the divorce decree becomes final.

### Can I remarry in another country if my divorce is final?

Yes, but you may need to provide proof of your divorce, such as a certified copy of the decree, and possibly an apostille or authentication. Some countries also require a certificate of no impediment, which certifies that you are free to marry.

### Does a religious annulment allow me to remarry legally?

No, a religious annulment, such as a Catholic annulment, does not have legal effect for civil purposes. You must complete the civil divorce process before you can legally remarry. A religious annulment only addresses spiritual status within the faith.

## Sources

- [findlaw.com](https://www.findlaw.com/family/marriage/common-law-marriage-state-guide.html)
- [history.com](https://www.history.com/topics/royals/timeline-of-divorce-in-america)
- [elderlawanswers.com](https://www.elderlawanswers.com/articles/does-divorce-affect-social-security-spousal-benefits)
- [uscatholic.org](https://www.uscatholic.org/article/harsh-annulment-process-places-heavy-burden-catholics)
- [theguardian.com](https://www.theguardian.com/world/2020/mar/10/a-few-beatings-wont-kill-you-judge-rejects-divorce-request-of-woman-abused-by-husband-in-afghanistan)
- [brides.com](https://www.brides.com/story/struggling-after-divorce)
- [islamqa.info](https://islamqa.info/en/151434)
- [gospelofluke.com](https://www.gospelofluke.com/)

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