It’s quite common for divorced individuals to find love again and decide to remarry. In fact, recent studies reveal that over 50% of divorcees aged 35 and above will tie the knot once more in their lifetimes. However, it’s important to navigate the legalities and timing of remarrying while your divorce is still in process.
Understanding the Waiting Period
Divorces can take time to reach a final resolution due to the mandated waiting period that exists across all 50 states. This waiting period, which typically ranges from 30 days to 6 months depending on the state, is the period between filing for divorce and the official finalization.
It’s essential to remember that you cannot remarry until your divorce is officially concluded. The time it takes to finalize your divorce directly impacts the timeline for your next marriage after divorce.
Considering Alimony
If you receive alimony, also referred to as spousal support or spousal maintenance, from a previous marriage, it’s crucial to understand how remarrying may impact your financial arrangements. In most states, alimony automatically terminates upon entering a new marriage, unless your divorce agreement states otherwise.
The exact rules regarding alimony termination differ from state to state. For instance, in Arizona, the paying spouse must file a petition for termination of support. On the other hand, Ohio’s alimony laws require the paying spouse to demonstrate that the supported spouse has experienced a significant change in financial circumstances since the original award. This, alongside filing an alimony termination petition, is necessary.
Generally, the fact that a supported spouse is getting remarried serves as a strong basis for terminating alimony payments. However, it’s essential to consult the specific laws of your state and seek advice from a divorce attorney to ensure you understand your unique circumstances.
Finalizing Your Divorce and Waiting Periods
While it may seem obvious, it’s crucial to stress that entering a new marriage while still married to someone else (known as bigamy) is illegal in all 50 states. Even if you and your former spouse are legally separated, it’s important to wait until your divorce is fully finalized before considering remarriage. A legal separation does not officially end a marriage.
To avoid any legal complications, ensure that your divorce has been officially concluded, and the waiting period mandated by your state has passed before plunging into a new marriage.
Getting Remarried Across Different States
Marriage licenses are issued by individual states, meaning that remarrying immediately after a divorce in a different state may have varying legal implications. The permissibility of immediate remarriage depends on the states involved.
For example, if you were divorced in Massachusetts and decided to get married in another state during the 90-day waiting period, your marriage would be considered void upon your return to Massachusetts. However, suppose you got divorced in Massachusetts and then moved to another state where you remarried and continued to reside. In that case, Massachusetts would recognize your subsequent marriage as valid, regardless of when it took place.
Conversely, in states like Rhode Island, the divorce isn’t considered final until the three-month waiting period has passed. As a result, any remarriage during those three months, regardless of the state, would be void because the divorce is still pending, and the spouses technically remain married.
Navigating state-specific rules regarding remarriage can be rather confusing. Seeking guidance from a divorce attorney will provide clarity and help you understand the particular circumstances surrounding your situation.
Remember, for any legal advice or assistance during the divorce process, consult a qualified professional. If you want to learn more about divorce laws and how to ensure a smooth transition, please visit Garrity Traina, a trusted resource for divorce-related matters.
