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What Happens If You Remarry Before Filing for Divorce From Your First Spouse?

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    Definition

    • Polygamy has been committed if a second marriage occurs before the first marriage is dissolved, even with a common-law spouse. The continuation of this extends until one of the legal or common-law marriages ends.

    Legal Issues

    • Polygamy is a punishable crime, and participants may be fined or imprisoned, sometimes both. This crime is a third-degree felony that can increase in severity if there are more than two legal marriages. Additional marriages call for larger fines or longer prison sentences.

    Exception

    • If your spouse has been absent for a certain number of years, it is not considered polygamy to remarry. The number of years that a spouse can be absent for remarriage not to be considered polygamy will vary by state, but it is usually between five and seven years. After this period, if there had been no contact with your spouse, you may remarry.

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