Can I marry again if I file a legal separation? - Child Custody Law Questions and Answers- LawQA.com

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Can I marry again if I file a legal separation?

I’ve been separated with my husband for almost 10 yrs now, and within those years we haven’t been in communication and I didn't get any financial support from him. Now he has another family with 2 children. My question is, is there a possibility that I can marry again if I will file a legal separation? Specifically if my boyfriend is a foreigner?

Answer By Mital D. Patel
Hyman, Carter & Patel, PLLC
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You will need to file for divorce. You can NOT remarry if you have filed for legal seperation.

Answer Applies to: Tennessee
Replied: 5/4/2012

Answer By Galen M. Hair
Varadi, Hair & Checki, LLC
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The answer is that you should file for divorce. Specifically, you should contact an attorney asap if you are thinking of re-marrying.

Answer Applies to: Louisiana
Replied: 5/3/2012

Answer By Mark Brown
Wolfstone, Panchot & Bloch, P.S., Inc.
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Under a "Legal Separation" your existing marriage continues to exist. A second marriage violates law; and would be void. The first marriage must be dissolved by a "Decree of Dissolution".

Answer Applies to: Washington
Replied: 5/2/2012

Answer By Dean Esposito

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In order to marry another, you need to get divorced from your husband. Louisiana law no longer provides for a legal separation. You would have to file a petition for divorce and obtain a judgment of divorce before you can marry another.

Answer Applies to: Louisiana
Replied: 5/2/2012

The Law Offices of Seth D. Schraier
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Before you get remarried, you will need to make sure that the state officially recognizes you as divorced. The simple fact that you have been separated for 10 years does not by itself mean you are legally divorced until you file for divorce. In New York State, as long as there is no contest from your husband, this can be done fairly quickly. I personally have been able to get divorces granted within 3 months after my first meeting with a client. But the important thing to remember is that you should not remarry until you have a judgment granting the divorce, otherwise there could potentially be problems that result.

Answer Applies to: New York
Replied: 5/2/2012

Answer By Leon Jones, Jr.
L. JONES LAW FIRM, PLLC
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You will need to be legally divorced to be get legally married to another. Legal separation is not sufficient to allow you to remarry.

Answer Applies to: Arkansas
Replied: 5/1/2012

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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There is no such thing as legal separation in Texas. Therefore, your answer is an absolute NO! If you marry your boyfriend without divorcing your husband first, you will not be legally married to boyfriend as a matter of law, it will not help his immigration status at all, and in fact, I would venture to guess (I don't practice immigration law so this is just my opinion) that an immigration officer seeing this would assume a fraudulent marriage and it would hurt his immigration status. By the way, Texas does recognize "common law marriage" but there is no such thing as common law divorce. You have two options, remained married to your current husband OR divorce him.

Answer Applies to: Texas
Replied: 5/1/2012


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No you may not marry anyone until you are divorced. A legal separation is just that, the financial and legal matters between the parties are adjudicated just as they would be in a divorce, but you are still legally married.

Answer Applies to: Nevada
Replied: 5/1/2012

Answer By Michael Dungan

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Michigan does not recognize legal separations, although you can file for an Order of Separate Maintenance which is similar. Neither divorce you from your current husband, which you need to get married again. Why do you not want to be divorced?

Answer Applies to: Michigan
Replied: 5/1/2012

Answer By Holly Schymik

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There is no such thing as legal separation in Texas. To legally remarry, you need to get a divorce first. Otherwise the second marriage would be a bigamous marriage.

Answer Applies to: Texas
Replied: 5/1/2012

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