Legal Consequences of Remarrying Before Finalizing a Divorce in North Dakota
In North Dakota, the law is clear about the consequences of remarrying before a divorce is finalized. This article will provide a detailed analysis of the legal implications of such an action, referencing the relevant North Dakota Century Code and legal procedures.
Legal Status of Marriage in North Dakota
According to North Dakota Century Code 14-05-01, marriage can only be dissolved by the death of one of the parties or by a judgment of a court of competent jurisdiction decreeing a divorce of the parties. This means that until a court issues a final decree of divorce, the marriage is still legally in effect.
Effect of Divorce
As per North Dakota Century Code 14-05-02, the effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons. However, neither party to a divorce may marry except in accordance with the decree of the court granting the divorce. This implies that if one remarries before the divorce is finalized, the subsequent marriage could be considered invalid.
Consequences of Remarrying Before Divorce Finalization
Remarrying before a divorce is finalized can have serious legal consequences. The most immediate consequence is that the subsequent marriage may be considered bigamous and therefore invalid under North Dakota law. Bigamy, the act of entering into a marriage while still legally married to another person, is a criminal offense under North Dakota Century Code 12.1-20-11.
Furthermore, if a person remarries before their divorce is finalized, it could potentially impact the final divorce decree. For instance, it could influence decisions related to alimony, child custody, and property division.
Legal Remedies
If a person has remarried before their divorce is finalized, it is crucial to seek legal advice immediately. An attorney can guide you on the best course of action, which may include annulling the subsequent marriage. According to North Dakota Century Code 14-04-01, an action to obtain a decree of nullity of marriage can be commenced under certain conditions.
Conclusion
In conclusion, remarrying before a divorce is finalized in North Dakota can lead to serious legal consequences, including the potential invalidity of the subsequent marriage and criminal charges for bigamy. It is always advisable to wait until the court has issued a final divorce decree before entering into another marriage. If you find yourself in such a situation, it is crucial to seek legal advice immediately to understand your options and potential remedies.