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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
Answer
Published:
Author : Kuk Il KIM
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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