McNair and his wife were still very married from interviews given by people. In this New York post story the girl's sister said he promised her he'd get divorced, but there was no record of him ever filing.

She was a 20 year old sleeping with a married man and believed the oldest line in the book. So he probably told her he wasn't getting divorced....and we know the rest of the story.

http://www.nypost.com/seven/07062009/news/nationalnews/mcnairs_divorce_promise_177820.htm