Are you getting divorced in South Carolina? You are far from alone. According to data from the South Carolina Department of Public Health (DPH), there are approximately 10,000 divorces finalized in the state each year. You may be ready to enter a new relationship—maybe even get remarried. This raises an important question: Can you get married again before your divorce has been finalized? In South Carolina, the answer is a clear “no”—you cannot get married again until your previous marriage is fully terminated through a divorce. Here, our Charleston divorce lawyers provide a comprehensive overview of the key things to know about divorce and remarriage in South Carolina.
You Cannot Get Remarried if Your Divorce is Not Finalized
First and foremost, it is important to emphasize that you cannot get remarried if your divorce is not yet finalized in South Carolina. If you have a pending divorce in South Carolina or any other state, you are not eligible to get remarried. Further, even if you have a valid marriage from another country as recognized by our state law that has not yet been finalized as a divorce, you cannot get remarried in South Carolina. If you were to enter into another marriage before your divorce is finalized, it would be considered bigamy. Bigamy is strictly unlawful in South Carolina.
Note: Bigamy is a crime in South Carolina. Under South Carolina Code § 16-15-10, a person commits bigamy if they marry another person while still legally married to someone else. Bigamy is classified as a felony offense.
No Additional Waiting Period for Remarriage After Divorce is Final
Once a divorce is finalized in South Carolina, there is no additional period to wait to be eligible for another marriage. You cannot get a divorce finalized and enter into a new marriage on the same day. However, you are eligible to get remarried the very next day after a divorce is finalized. Of course, that is quite rare, but the point remains: Once a divorce is declared final, the marriage is over. The right to enter a new marriage is restored.
Remarriage Could Have an Impact on Alimony Rights in South Carolina (If Recipient)
In South Carolina, a remarriage could have an impact on alimony rights. Under state law, alimony payments will automatically terminate when the recipient remarries. However, the remarriage of the spouse who pays alimony will have no automatic change on alimony obligations. If you are currently receiving alimony from your former spouse, you must notify them of your remarriage.
Contact Our Charleston, SC, Divorce Attorneys Today
At Query Sauter & Associates, LLC, our Charleston divorce lawyers are compassionate, experienced advocates for clients. We know that divorce is hard. You do not have to take it on alone. If you have any questions or concerns about divorce and remarriage, please do not hesitate to contact us today for your confidential consultation. With a law office in Charleston, our firm provides family law representation throughout the wider region of South Carolina.