Divorce and Marriage Law
Henry VIII

Can you marry your fiance if his wife refuses to give him a divorce?


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Answered 2015-07-15 21:51:29

no, your fiance has to be divorced first before he could marry another. if you forced to get married despite the divorce not granted, your marriage to your fiance is a void marriage -- not legal and existing from the start, and if you get pregnant and got kids, your kids will be illegitimated children because despite your marriage to your fiance but if he remains tied up with the first wife in the first marriage, in short, not divorced, then the first marriage subsist and remains valid.

No, he has to be divorced before he can get married again. But he can take her to court to get a divorce.

If you live in the United States, he can get a divorce even if she doesn't want to file. In many states it only takes a few months to a year to go through with or without the other spouses consent. In other states it might take longer depending.

A lot of it depends on how the spouse that won't let go decides to drag out paper work in the courts. One way or the other your man can get a divorce. He just has to file.


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No. If the fiance is the natural father, then he does have rights to his son. Getting married doesn't give him legal rights to your child (assuming he is not the father). He must adopt in order to have legal rights.

If he really is sure he wants to marry again and loves this other woman then yes, he can give an engagement ring to his girlfriend, but must wait until the divorce is finalized to marry her.

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catherine didnt give him a male heir but the catholic church wouldn't allow him to divorce her

She Refuses at first, but then they get married in breaking dawn :)

Giving talaaq (divorce) three times at once is bid'ah, and goes against the aayah (interpretation of the meaning): "… When you divorce women, divorce them at their 'iddah (prescribed periods)…" [al-Talaaq 65:1]. If a Muslim wants to divorce his wife, he should divorce her according to the Sunnah, which is to give one talaaq at a time when his wife is taahir (not menstruating) and he has not yet had intercourse with her following her period, or when it is clear that she is pregnant Note: Just by saying divorce three times it didnt count as three divorce , it will be count as only one divorce. Upto 2 divorce you can remarry, but after 3rd divorce you cant marry to her until she married to another person, & if he gives divorce then you can marry, & There is no HALALA system in Islam its Haram prohibited.( you cant say a person to marry her & give divorce after 1 day) Its totally haram. Visit for more information

You need to check your specific state's laws, but I know in some states if the divorce was granted on the grounds of adultery, and the 'other woman' is named in the divorce papers, then the husband cannot marry the other woman for at least 30 days after the divorce. If he does, then that marriage is not legal. The same applies if the husband files for divorce on the gounds of adultery, as well. But if the divorce was filed and granted on other grounds, then you are free to remarry as soon as you obtain your new marriage license.

It would be a nice gesture on your part to give her a gift and include her, but there is nothing that says you have to.

You can give your fiance his wedding gift the day before the wedding or on your wedding night as it should be private when the two of you exchange gifts.

Yes; there are people who have re-married after divorce many times over.There are even people who have married the same person again to 'give it another go'. But usually, people marry someone else after the first failure.

No. That is her fiance, because of their relationship he can not be her legal guardian.

If a creditor refuses to give you payment address, you still owe them money. This might be frustrating but does not get you off the hook.

If your spouse refuses to sign a divorce decree you will still have to go in front of the judge but he will most likely sign off on it and give you everything you want. This is because the respondent is not willing to cooperate.

You may only divorce if your spouse (Partner) has commited adultery (Intercourse with another man). If she is commiting adultery and not giving you permission to divorce, ask your priest. You should be able to forcibly divorce if she does commit adultery.

Hinduism doesn't give permission to divorce.

* A man can give a 'Promise to get engaged ring' or, an engagement ring and be a fiance for the rest of their lives. Generally after a year of engagement the couple get married.

You move out and file for separation. Find a job and so on. It doesn't all depend on him if you do not have the same vision.

She has to marry another man and once new husband divorce her than you can marry her again. But if you keep sleeping with her after three times divorcing her it will be considered Adulatory.Please be AWARE of this act.Seek help from or any other Islamic website.

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