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15 Jul 16

Can I get engaged before my divorce papers are signed?

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In the state of New York, you can get engaged, but not married, while waiting for your divorce to finalize. An engagement is not a legally binding issue, which is why you can engaged, without having to worry about your divorce. Unfortunately, if you wish to get married, then that’s another issue. In the state of New York, in order to get married – you need to get a judgement of divorce. Without this judgement, you cannot get married legally. This is typical in most states. You have to wait for the divorce to finalize, before asking for a new marriage license to be granted.

Until you get your judgement of divorce, you are still – technically, legally married to your original spouse. Without this judgement, you cannot get married again – or a new marriage license.

So, to answer the question – you can get engaged, but you cannot get married again. If you get married, it’ll be a legal problem. Typically, we suggest getting engaged after your divorce is finalized. In some cases, your spouse can use your engagement against you. If your relationship with your new fiancee started before your divorce was initialized – this can be misconstrued as a sign of infidelity – and be used against you in your divorce proceedings.

So technically, while you can get engaged – we recommend you wait until your divorce is finalized before making any lifelong decisions!

If you need more information, please consider speaking to one of our NYC Divorce Attorneys today. 

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