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Q

Divorce attorney, after an uncontested divorce from my wife, is it possible to marry my sister-in-law?

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I went through an uncontested divorce with my wife due to differences in personality, and not long after the divorce, I grew close to my sister-in-law. We have developed a serious emotional relationship, and I am currently considering remarriage. However, my ex-wife does not know about this. I am curious whether this could be a legal problem in this case. I would be grateful if a divorce attorney could respond.

Right to claim annulment of an incestuous marriage

Divorce attorney

A

Answer to Related Inquiry

Hello. This is a divorce attorney at Daeryun Law LLC.

According to the Civil Act, even if you have had an uncontested divorce from your wife, you cannot marry your sister-in-law, who is a member of your wife's family.

This is because, legally, marriage with a blood relative within the sixth degree of the spouse is prohibited, and a sister-in-law, as a direct family member of the wife, falls within blood relatives of the sixth degree.

In other words, even if you have had an uncontested divorce, marriage with a sister-in-law who was formerly a relative by marriage is prohibited under Article 809, Paragraph 2 of the Civil Act.

If, in violation of this, you marry your sister-in-law, not only the parties but also a lineal ascendant or a collateral blood relative within the fourth degree may petition the court to annul the marriage.

If you need legal procedures or a consultation related to this, it is advisable to consult a divorce attorney with extensive experience.

I will also share the relevant law, so please refer to it.

Law on the prohibition of incestuous marriage and the like, as explained by a divorce attorney

◇ Civil Act Article 809 (Prohibition of Incestuous Marriage and the Like)

1. Blood relatives within the eighth degree (including blood relatives before the adoption of a fully adopted child) are not permitted to marry one another.

2. Marriage is not permitted between a spouse of a blood relative within a certain degree, a blood relative within the sixth degree of one's spouse, or a relative by marriage who is or was the spouse of a blood relative within the fourth degree of one's spouse.

3. Marriage is not permitted between a person who was a blood relative in the adoptive-parent line within the sixth degree and a person who was a relative by marriage in the adoptive-parent line within the fourth degree.

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