is there a prohivition for then to remarry?
You have to divorce. It doesn’t matter if you claim that you are separated or not – under the eyes of the law and the state, you are married. You could probably file a no-fault with little money and possibly without the use of a lawyer (husband filed, and was divorced in 3 months – no kids).
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You cannot remarry without a legal divorce…..if that is the question you are asking.
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they are still techinically married if they didnt get a divorce
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They are still legally married to each other and are not free to enter into marriages with other people. One of them should petition the court for divorce on the basis of 5 years separation without consent. If it isn’t possible to find the separated spouse to serve him or her with the papers, then as long as you can show the court that you have tried everything to find them, the court has the power to proceed with the divorce. Divorce is not that hard. I did my own, but I was a legal secretary for several years and knew how to do it. Also there were no children or financial issues to resolve. For these you do need a lawyer.
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If you have not formally applied for a divorce, you are still legally married
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You cannot get married until you get a legal divorce, the computer that stores the info that you are married doesn’t know that you guys have not had contact and will not just delete that info!
I had no contact with mine for 5 years and 1 month and the judge granted my divorce without him there, you need a lawyer to make sure you cover all the bases with trying to locate him.
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remarry each other great
remarry another? must still divorce first
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If they are legally seperated, and not married to another person, then they can get back together, and renew their vows.
But if they are both re-married, then of course they have to get a divorce from the one they are with now, before they get back together.
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You have to divorce. It doesn’t matter if you claim that you are separated or not – under the eyes of the law and the state, you are married. You could probably file a no-fault with little money and possibly without the use of a lawyer (husband filed, and was divorced in 3 months – no kids).
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You can not remarry unless you divorce your first spouse.
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They are still legally married. There is no such thing as a common law divorce. It has to be filed on paper.
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I know a couple like this too. They have been seperated for 10 years and never BOTHERED to get a divorce??? I think that it’s just a bother to go file and do the stuff you need to do to get on with your life. I think it’s a sign of LAZINESS!!!!!! Wouldn’t you want to get on with your life and find happiness somewhere else??? This couple that I know, one of them has even joined a dating site on line??? Now come on>>>what do you say when they ask you if your married??? I mean get on with your life. I think it’s redicules!!!!!
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you can go through the ceremonies, but legally you guys were never un-married.
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If this is an original marriage for both of you, it doesn’t matter if you have a divorce or not. You are NOT free in God’s eyes to marry another while your spouse is still alive.
http://www.cadz.net/mdr.html
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