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Marriage with Awaiting Divorce ? Legal Implications
25-Oct-2023 (In Divorce Law)
I am a single woman looking for a life partner on a matrimony site. I met a man whose marital status is awaiting divorce since 2015 and who has been living separately from his wife. My question is, can I marry this man? What precautions should I take in this situation?
Hello Ma'am, regarding your query, you cannot marry this person unless his divorce is fully finalized, including the completion of the second motion. In my opinion, any marriage before the divorce is legally complete would be invalid under existing laws.
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Hi, before proceeding, you must first determine whether he has sought judicial separation or has genuinely initiated divorce proceedings.
Meanwhile, it is essential to take precautionary measures to ensure you are not unnecessarily involved in his current divorce proceedings. Let me know if you need further clarification.
- If it is judicial separation, he is legally separated but still married, meaning the marriage has not been dissolved.
- If he is undergoing divorce proceedings, he cannot remarry under any circumstances until the final decree of divorce is granted. Any marriage before that would be considered null and void.
Meanwhile, it is essential to take precautionary measures to ensure you are not unnecessarily involved in his current divorce proceedings. Let me know if you need further clarification.
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Adv. Anuj Nair
Delhi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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