A lot of states no longer have a waiting period prior to you get remarried again following a divorce. Before, divorced couples would have to wait up to a year in some states before they could get remarried. Up until the 60s and 70s, Arizona (‘66), California (‘65), Delaware (‘49) and Iowa (‘76) had the requirement of a one-year waiting period. Nowadays, none of them has any restrictions, which is the case in in a lot of the U.S. On the other hand, there are still many states that have an after-divorce period of waiting.
State Restrictions on Marriage Following a Divorce
9 states, including Washington D.C. have laws restricting the right to marry following a divorce. In Arizona, there is no waiting period to get married again following your divorce.
In Nebraska, you are required to wait 6 months following your divorce to marry a 3rd party unless your ex-spouse passes away during that time period. Wisconsin also has a 6 month waiting period. If you marry throughout that time period, the marriage is null and void. “Voidable” means that if no one challenges the new marriage, it is going to become valid when the waiting period concludes. “Void” means the ensuing marriage is non-binding since the preceding marriage had not yet been legally terminated.
In Rhode Island, a marriage entered within 3 months following a divorce is invalid. Similarly, in Massachusetts, the divorce doesn’t become complete until 90 days following the Court granting a Decree. Meaning the ensuing marriage throughout the 90-days is void in every state. Nevertheless, by law, if the ensuing marriage was a ceremony and the new spouse married with sincerity without knowing that the other spouse was still married, the new marriage is going to be deemed genuine once the 90-day period finishes. In Alabama, marriage to a 3rd party is invalid when it is carried out in Alabama inside of 60 days following a divorce, but would be genuine if the marriage carried out legally in a different state. There isn’t waiting period in Alabama if you marry your last spouse once more. In D.C., a marriage is invalid if it happens within the 30-day waiting period. In Texas, marriage to a 3rd party within 30 days is revocable. Kansas additionally has a 30-day waiting period unless the parties specifically renounce it in their Decree. Likewise, in North Dakota, there is no waiting period if that is declared in the Decree.
Divorce on the Grounds of Adultery
In the above states, post-divorce waiting periods are applied no matter if the divorce is based on no-fault grounds or a fault ground such as adultery. However, whereas South Dakota doesn’t have waiting period for remarrying following a no-fault divorce, when the grounds for divorce is adultery, the adulterous spouse is unable to marry anyone, except their former spouse, providing they are still alive. Having said that, if the adulterous spouse marries a 3rd party outside of South Dakota, the marriage is genuine, on the other hand, nonvalid in South Dakota. Previous to 1970, Tennessee had a comparable limitation in cases of divorces on grounds of adultery, which barred the adulterous spouse from marrying the individual with whom they cheated on with, while the former spouse was still living. Nevertheless, Tennessee has since deleted any hindrance to marriage post-divorce.
Can I get married right after getting divorced? DivorceWriter. (n.d.). Retrieved January 25, 2022, from https://www.divorcewriter.com/how-long-remarry-after-divorce
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