Remarriage Before Final Divorce: New York Rules

In both Florida and New York, you generally cannot legally remarry until your divorce is final—meaning the court has entered a final judgment or decree. Remarrying earlier can be invalid and may create complications for property, support, immigration, and even potential criminal exposure depending on the circumstances. This article explains when a divorce is “final” in each state, the risks of remarrying too soon, and practical steps to protect yourself.

Ray Hrdlicka – Host – Attorneys.Media

Well, let me ask this question, because you raised an interesting point that I read about. Some of these celebrity divorces were extremely interwoven with finances and relationships, contracts, et cetera, etcetera.

What I read about was that a judge said, OK, I’m going to grant you the right to remarry but yet we’ll work on all the asset division later. Does that occur in both New York and Florida?

Bill Leininger – Divorce Mediation Attorney – Staten Island, New York

I’ve never seen that case happen in Florida. In the state of New York, the judge has the power to split up the case from the grounds for divorce and keep the financial separate.

However, when we went to pure no-fault about 10 years ago in New York, the law specifically said that the judge must certify when he or she signs a judgment of divorce, that all related issues dealing with custody, child support, alimony, spousal maintenance, equitable distribution, and counsel fees have all been resolved.

Because what sometimes would happen is people would just want to split up the case, go bifurcation, grant them the judgment of divorce, and then they may go to Florida, don’t go to California, and they’ll start another life with them. And they never finish it.

Ray Hrdlicka – Host – Attorneys.Media

Yeah. Yeah, I get that.