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This is a very popular question. In the state of New York – the answer to this is easy – instantly. The state of New York, thus including NYC – has no waiting period. This means as soon as you have the judgement of divorce in your hands, you can file for a marriage again in NYC/New York.
However, if you just file for divorce – you must wait for the judgement of divorce to be granted. Until the judgement is granted, you are still legally married to your spouse and thus cannot enter into a new marriage. It is crucial you remember this, and do not try to get married too quickly. If you do, the new marriage may be held invalid. In addition, if you get married while still married to someone else – your original spouse may use that against you, citing spousal infidelity during the marriage. This could hurt your chances of getting a “good settlement,” from your spouse.
Bottom line though, you’re going to need a certified copy of the divorce judgement. It can take a few weeks to become available in the clerk’s office. In addition, before you jump the gun and get married – it’s highly suggested that you have a prenup, or some other similar agreement in place – before getting married again. If you have gained additional assets as a result of your previous divorce, you should seek to protect them before attempting to get married again.
If you need any more advice, or consultations, regarding whether you can get married or not, we suggest you speak to our NYC divorce lawyers. The consultation is free!