Do you have to wait until the divorce is final to remarry?
Full Question:
if a person file a sepration agreement from their spouse, are they allowed to get married or do they have to wait unitl the divorce is final
06/25/2007 |
Category: Divorce |
State: North Carolina |
#6663
Answer:
Parties to a marriage may not remarry until a divorce is final, even if the parties are separated. A separation agreement is a formal agreement between spouses that provides for support and other financial conditions until the divorce is final.
The applicable North Carolina statutes are as follows:
§ 50-6. Divorce after separation of one year on application of either
party.
Marriages may be dissolved and the parties thereto divorced from the
bonds of matrimony on the application of either party, if and when the
husband and wife have lived separate and apart for one year, and the
plaintiff or defendant in the suit for divorce has resided in the State
for a period of six months. A divorce under this section shall not be
barred to either party by any defense or plea based upon any provision of
G.S. 50-7, a plea of res judicata, or a plea of recrimination.
Notwithstanding the provisions of G.S. 50-11, or of the common law, a
divorce under this section shall not affect the rights of a dependent
spouse with respect to alimony which have been asserted in the action or
any other pending action.
Whether there has been a resumption of marital relations during the
period of separation shall be determined pursuant to G.S. 52-10.2.
Isolated incidents of sexual intercourse between the parties shall not
toll the statutory period required for divorce predicated on separation
of one year.
§ 50-11. Effects of absolute divorce.
(a) After a judgment of divorce from the bonds of matrimony, all rights
arising out of the marriage shall cease and determine except as
hereinafter set out, and either party may marry again without restriction
arising from the dissolved marriage.
(b) No judgment of divorce shall render illegitimate any child in
esse, or begotten of the body of the wife during coverture.
(c) A divorce obtained pursuant to G.S. 50-5.1 or G.S. 50-6 shall not
affect the rights of either spouse with respect to any action for alimony
or postseparation support pending at the time the judgment for divorce is
granted. Furthermore, a judgment of absolute divorce shall not impair or
destroy the right of a spouse to receive alimony or postseparation
support or affect any other rights provided for such spouse under any
judgment or decree of a court rendered before or at the time of the
judgment of absolute divorce.
(d) A divorce obtained outside the State in an action in which
jurisdiction over the person of the dependent spouse was not obtained
shall not impair or destroy the right of the dependent spouse to alimony
as provided by the laws of this State.
(e) An absolute divorce obtained within this State shall destroy the
right of a spouse to equitable distribution under G.S. 50-20 unless the
right is asserted prior to judgment of absolute divorce; except, the
defendant may bring an action or file a motion in the cause for equitable
distribution within six months from the date of the judgment in such a
case if service of process upon the defendant was by publication pursuant
to G.S. 1A-1, Rule 4 and the defendant failed to appear in the action for
divorce.
(f) An absolute divorce by a court that lacked personal jurisdiction
over the absent spouse or lacked jurisdiction to dispose of the property
shall not destroy the right of a spouse to equitable distribution under
G.S. 50-20 if an action or motion in the cause is filed within six months
after the judgment of divorce is entered. The validity of such divorce
may be attacked in the action for equitable distribution.