Can I Remarry Before the Divorce is Finalized?
Long emotional separations do not affect the bigamy law.
In a word, no. Bigamy is a felony in Texas and most other states. Legal separation is not a thing in Texas. Marriage creates a legal bond that only the law can dissolve. As outlined below, the bigamy law in the Lone Star State is rather complex. This question begs another question, which is “Can I date before the divorce is finalized?” Also as outlined below, the answer to this question is tricky as well.
Many people are tempted to remarry prior to divorce because, in many cases, the divorce process is so long. A Ft. Worth family law attorney expedited this process as much as possible, often by crafting a favorable out-of-court settlement. This resolution saves time, and therefore money. A settlement also allows parties to avoid an emotional courtroom showdown that no one really wants.
Remarriage Prior to Divorce
Section 25.01 applies to both legally married people and unmarried people who know their partners are married. In both cases, the prohibited conduct is:
- Purports to marry or does marry that person in this state, or any other state or foreign country, under circumstances that would, but for the person’s prior marriage, constitute a marriage, or
- Lives with that person in this state under the appearance of being married.
The appearance of being married, or common law marriage, has three elements in Texas (agreement, cohabitation, and holding out). Usually, if the latter two elements are present, the factfinder can presume the first one.
Many people lie about many things in relationships, including their marital status. However, the “s/he told me s/he was single” defense usually doesn’t hold up in court in Texas. Defendants must reasonably believe their partners were single. Furthermore, that reasonable belief must be supported by “a certified copy of a death certificate or other signed document issued by a court.”
One final note on this point. The spousal privilege doesn’t apply in bigamy cases. Since “the lawful wife or husband of the actor may testify both for or against the actor concerning proof of the original marriage,” a bigamy trial is often very awkward, to say the least.
Romantic Relationships Prior to Divorce
Legally, married people can date anyone at any time, as long as they do not run afoul of the state’s broad bigamy law. So, they can certainly date during the time between the time a spouse files a petition for divorce and the judge finalizes that divorce.
For both emotional and financial reasons, pre-finalization dating is usually a bad idea, particularly if minor children are in the home.
Many young children do not understand the concept of casual dating. Therefore, when a casual relationship ends, that event piles on additional emotional damage, in addition to the divorce. Financially, fault in the breakup of the marriage is a property division and alimony factor in Texas. Spouses who date before their marriages are finalized look like cheaters.
Additionally, we mentioned the three elements of common law marriage above. These three elements need not be simultaneous or significant. One idle comment at a Christmas party and one weekend sleepover the following spring could constitute bigamy.
Connect With a Diligent Tarrant County Attorney
Most people should not date or marry while separated. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker. Convenient payment plans are available.