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My spouse has remarried even though our divorce isn’t final. Is that legal? What Should I do?

Your spouse has committed bigamy, which is illegal and occurs when one person is married to two people at the same time. The first thing you should do is contact an attorney, who can evaluate whether or not the violation will affect your case.

Depending on the circumstances surrounding your divorce, including how close the proceedings are to being final, you may be able to use your spouse’s violation to your advantage. However, if the charge will not strengthen your case, you may wish just to overlook it.

Bigamy laws vary slightly from state-to-state but are generally meant to prevent fraud.
In some cases, particularly those where the bigamous act occurred near the end of the divorce, the court will regard it as more a nominal violation than an intentional act of deception.

For more information about divorce resources or to locate an experienced divorce attorney near you, please contact us today.

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