Marriage While Divorce is In Progress: Legal Consequences and Bifurcation Options
Marriage while divorce is still pending can lead to serious legal ramifications, including the crime of bigamy. In the United States, bigamy is a felony punishable by up to five years in prison and a fine of up to $10,000. This article explores the legal consequences and options for those considering marriage during the divorce process.
Why Marriage During an Unfinalized Divorce is Illegal
Marriage during an ongoing divorce is considered illegal because the person has not legally terminated their previous marital status. Bigamy, the act of knowingly entering into or maintaining a marriage while already married to another individual, is against the law. The mere filing of divorce does not automatically terminate the original marriage until a final decree is issued.
For example, if you get married before your divorce is finalized, you are committing bigamy. This means that the second marriage is not legal because you are still legally married to your ex-spouse. This situation won't change when your divorce is final; you would need to be married again after the first divorce is finalized.
What Happens in California?
Specific laws and procedures can vary by state, but in California, the concept of 'bifurcation' can provide a legal solution. Bifurcation allows one spouse to obtain a final judgment of dissolution of marriage while other issues remain unresolved. This can enable the so-called 'bifurcating spouse' to remarry legally.
The process works as follows:
The 'bifurcating spouse' applies for a bifurcated judgment of divorce. Once the marital status is dissolved, the divorced spouse can legally remarry before the rest of the divorce is completed. While the bifurcation is in place, various issues remain unresolved, such as child custody, child support, spousal support, division of property, restraining orders, and attorney fees.However, the bifurcated judgment does not complete the divorce until all remaining issues are resolved in a further judgment.
Consequences for the Bifurcating Spouse
Even if the bifurcating spouse legally remarry, there can be significant consequences. The laws typically require that the new spouse understand and agree to certain terms, such as waiving their right to marital confidentiality to ensure the left-behind spouse can still obtain financial discovery.
Additional responsibilities for the bifurcating spouse include:
Health insurance responsibilities: If the ex-spouse had health insurance through the employment of the bifurcating spouse, the insurance will terminate once marital status is dissolved, and the new spouse will need to either replace or fully replace it, resulting in potential financial responsibility. Tax and financial obligations: The bifurcating spouse may face potential taxes, interest, and penalties related to the division of the marital estate. Legal and financial exposure: After the bifurcation, the bifurcating spouse or their estate may be responsible for the loss of ex-spouse benefits, including probate homestead, family allowance, Social Security benefits, and retirement survivor benefits.High-Conflict Divorces and Bifurcation Risks
Divorce proceedings can be highly contentious, and once an individual remarries, the new marriage may face additional financial and legal burdens. The soon-to-be new spouse should be aware that ongoing litigation can impact the new marriage.
Furthermore, if the relationship with the bifurcating spouse began during the first marriage, it could exacerbate complications in the divorce process. The new spouse should consider whether the new marriage can withstand the potential high-conflict litigation and the long-term financial and legal implications.
Before proceeding with marriage during an ongoing divorce, consult with a legal professional to fully understand the consequences and explore all available options. Seeking legal advice ensures that you are aware of the potential risks and can make informed decisions about your future.