Can You Get Married if Your Divorce is Not Finalized?

Legally, people can only have one spouse at a time, even if they are not living with the other spouse.

Yes, you can get married if your divorce is not finalized. However, that marriage is void in Texas and subject to annulment. Furthermore, polygamy is a crime in Texas and all other states. It’s also illegal under federal law. More on these things below. We should also mention that many divorce decrees include remarriage waiting periods. This language is often buried in the fine print.

Marriage isn’t only an emotional bond. It is a financial bond as well, especially since Texas is a community property state. A Ft. Worth family law attorney helps ensure that these bonds are legal. Furthermore, if authorities prosecute spouses for bigamy in these cases, a Ft. Worth family law attorney stands up for them in court.

Void and Voidable Marriages

Bigamy, incest, and underage marriage without waivers are void from their inception. It’s like they never existed. If a Ft. Worth family law attorney files a petition to annul a void marriage, the court must grant that petition as a matter of law, if the petition establishes the elements of a void marriage by a preponderance of the evidence (more likely than not):

• Bigamy: Existing formal or informal marriage in Texas, any other state, or any foreign country,
• Incest: Parties related within the second degree of consanguinity (second cousins may legally marry in Texas), or
• Underage: Either spouse was under 18, unemancipated, and a judge didn’t waive the age requirement.

Voidable marriages are legally valid until a judge declares them invalid. Voidable marriages in Texas are:

• Under the influence of a substance and unable to consent,
• Fraud, Force, or Duress: A party was tricked or coerced into the marriage,
• Mental Incapacity: A party lacked the capacity to consent,
• Impotency: A party was impotent and the other did not know at the time, or
• 72-Hour Waiting Period: The ceremony occurred less than 72 hours after the license was issued.

Waiting period annulment petitions must be filed within 30 days of the marriage. All voidable marriages remain valid if the parties cohabitated, even for a few seconds, after one spouse discovered the impotency or other grounds for annulment.

The bottom line is that annulments are rare in Texas. Usually, spouses need a divorce, even if the marriage is voidable.

Polygamy Criminal Prosecutions in Texas

Theoretically, marriage to more than one person at the same time is illegal in Texas under the state’s bigamy laws. Texas Penal Code § 25.01 makes it a crime to knowingly marry or purport to marry another person while already legally married. The offense is typically a third-degree felony. Some aggravating factors, such as cohabitation with multiple spouses in Texas, may apply.

Practically, these cases are quite rare in Texas. Authorities usually pursue these matters if additional criminal conduct, such as fraud, abuse, or offenses involving minors, is involved.

For example, authorities may file polygamy charges in religious polygamy investigations, if underage marriage, sexual assault, or trafficking allegations accompany plural marriage arrangements. In such cases, bigamy may be one of several charges rather than the primary focus.

The polygamy statute is also in a legal grey area. Challenges around polygamy laws often invoke constitutional arguments, including religious freedom and privacy rights. However, courts, including the U.S. Supreme Court, have consistently upheld laws prohibiting plural marriage. Although Texas continues to enforce its statutes, selective prosecution reflects limited resources and prioritization of more serious or harmful conduct. In other words, may prosecutors consider polygamy a civil matter, especially if a Ft. Worth family law attorney files an annulment or divorce action.

Rely on a Diligent Tarrant County Attorney

Legally, only single people can marry in Texas. For a confidential consultation with an experienced family law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. The sooner you reach out to us, the sooner we start working for you.