While marriage is meant to last a lifetime, circumstances present themselves that cause them to dissolve. If you are considering or have already had a divorce and are ready to marry again, whether it be to someone new or the same person, there are laws you will need to understand to ensure you do not experience any bumps in the road.
Most states do not require a waiting period following the divorce becoming final. However, some do. It is important to know if your state has such a requirement. The following states do require you to wait:
- Oklahoma: 180 days
- Wisconsin: 180 days
- Nebraska: 180 days
- Alabama: 60 days
- Kansas: 30 days
- Texas: 30 days
The Judge’s Discretion
Even if your state does not have a mandatory waiting period before remarriage is possible, the judge in your case may institute one due to your unique situation. These individual waiting periods are normally issued to give the divorcing spouses the chance to contest or appeal the divorce itself or its terms. If you choose to marry during your waiting period, whether it be mandated by the state or a judge, you risk having your new marriage invalidated by the courts.
The amount of time it takes for a divorce to become final also varies by state, and you cannot remarry during this period. This time begins when the other party is served with the legal papers, not when you initially file.
There are considerations that can be made for tax purposes and other legalities, and, if your divorce is taking a long time to complete, you can file for bifurcation. This allows you to legally declare yourself as single while the divorce is still pending. If this is granted, you may be eligible for remarriage, but you will still have to go through processes such as mediation, settlements, trials, and hearings. Bifurcation is only granted in special cases, and an experienced attorney can help you understand whether or not you qualify.
Remarrying Your Ex
It is estimated that 15 percent of married couples who separate will reconcile. You can legally remarry your ex. Before you do, make sure your original divorce was finalized. You may still be married and not need to go through the proceedings. Premarital counseling is also recommended to best ensure the marriage lasts the second time around.
To speak with a lawyer today regarding the rules of getting re-married, contact us online or by calling 480-345-2652.