Can You Marry Another Person on Probation While You Are on Probation?

Can You Marry Another Person on Probation While You Are on Probation?

Being on probation does not mean that you need to keep your whole life on hold. However, there are some complications when it comes to being on probation. Whether you can marry someone varies depending on when the relationship began, whether both of you are on probation and what specific probation rules apply for both of you.

Can you marry another person on probation while you are on probation?

In short, no. You cannot marry someone on probation while also being on probation. The reason is because of the conditions of being on probation. Although a long list, one of the general rules of probation is that you cannot be around someone else who is on probation. So, if two people on probation start a relationship and near each other, that would be a violation of probation.

What if you had a relationship with or married the person before probation?

When you date or marry someone before probation, the judge or parole board can permit you to continue your relationship with them. You are more likely to get an exception if you are married before probation. The same argument may work if you got married before your release. Although less likely, an exception may also be made when two people were dating before probation. You will have to provide proof of the relationship.

However, a judge or parole officer can still preclude you from being near your partner or spouse in some cases. If that is the case, both parties must continue to follow the rules of their probation or petition the ruling.

What if only one of you is on probation?

In the case where only one person is on probation, it is most likely that you can get married. The only exception is when there is a criminal protective order (CPO) or temporary restraining order (TRO) against you or the person you want to marry. You can bring a petition to a judge or parole board in that circumstance.

You probably can't marry your loved one during your probation if they are also on probation.
Image courtesy of Petr Ovralov via Unsplash.

What if both of you are off of probation?

Yes. Once both parties finish their probations, there are no rules stopping you from getting married. The only exception would be if your state has a specific law against the matter, but most states do not have this kind of rule.

What are the consequences if you get married against the rules?

The consequence would be the same as any other probation violation. This does not change even if you challenged the probation rule first. Every state’s law is different, and the penalties can change depending on your circumstances. But, it could range from a warning to appearing in court and could even send you back to prison. 

The Takeaway:

If two people are on probation, it is more unlikely that they will be able to marry. However, in cases where you are married before probation, you could get an exception. Dating is more difficult to prove. If only one person is on probation, it’s more likely that you can get married unless a judge makes certain orders to prevent it from happening.

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