Remarriage in Louisiana after divorce in South Dakota

[VeronicaN41]

What is the name of your state (only U.S. law)? Louisiana

I was divorced in South Dakota and 2 day later remarried in the State of Louisiana. Is the marriage valid? I am starting the process of a divorce again and it would be much easier if this current marriage was invalid due to the waiting period after a divorce laws of the State of Louisiana.

Any advise would be appreciated. Thanks.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Louisiana

I was divorced in South Dakota and 2 day later remarried in the State of Louisiana. Is the marriage valid? I am starting the process of a divorce again and it would be much easier if this current marriage was invalid due to the waiting period after a divorce laws of the State of Louisiana.

Any advise would be appreciated. Thanks.

Choose -- divorce OR jail. Maybe even both. You need a divorce.

 

[ohio71]

Your marriage would just be void. But, since you were divorced in South Dakota and that state doesn't have a remarriage waiting period, then your marriage is probably legal and you will need to get a divorce.

 

[Ozark_Sophist]

If you were to get marriage nulled, it would be an "absolutely null marriage." Art. 96 says

Art. 96. Civil effects of absolutely null marriage; putative marriage

An absolutely null marriage nevertheless produces civil effects in favor of a party who contracted it in good faith for as long as that party remains in good faith.

See also 152, 94

 

[LdiJ]

What is the name of your state (only U.S. law)? Louisiana

I was divorced in South Dakota and 2 day later remarried in the State of Louisiana. Is the marriage valid? I am starting the process of a divorce again and it would be much easier if this current marriage was invalid due to the waiting period after a divorce laws of the State of Louisiana.

Any advise would be appreciated. Thanks.

If the current marriage was invalid it would NOT make things easier and might even make things worse, since your spouse is the injured party if the marriage is invalid.

However, SD laws would apply as to the waiting period, not LA.