Can I legally remarry after Ex files for Motion to Vacate?

[VAdivorce]

I have been divorced for more than 4 months in the state of Virginia. Two days before I remarried, my Ex files a motion to vacate. If I get remarried and the motion gets approved, will I be charged with bigamy? How likely will a motion to vacate get approved after several months of final divorce decree? How can I stop this from happening again and again, so I can move on with my life?

 

[army judge]

You can't stop or interfere with anyone's right to due process and justice.
You can discuss your divorce with your lawyer.
I suggest you do that.

This link explains VA divorce laws and remarriage restrictions:

http://usmarriagelaws.com/search/united_states/divorce_laws/divorce_and_remarriage/index.shtml

http://usmarriagelaws.com/search/united_states/virginia/index.shtml


This is the relevant part of the VA divorce law to you

It is from the last paragraph of the 1st link:

After 06/26/60, there is only a final decree which becomes effective when granted unless the court decrees that neither party shall remarry pending the perfecting of an appeal. Also, the provisions for a court-imposed restriction against the remarriage of a party guilty of adultery continue in effect.


I doubt that any sane persecutor would charge you with bigamy, if things are as you've said.
Remarrying, without waiting 30 days after the decree (it allows for the statutory appeal to occur, putting the other party on notice the divorce is being contested) is wise. Otherwise, after reading the VA statute available to me, I see no other conflict.

You said you had already remarried. As long as that was on the 31st day after the decree, you should be okay. But, there are no guarantees what others could do.

But, there are many insane, rogue persecutors that do the unexpected. Again, I'd reassure myself by discussing this with a VA licensed family law attorney.