It’s quite common for divorced individuals to find love again and consider getting remarried. Interestingly, research indicates that over 50% of divorcees above the age of 35 will tie the knot again at some point in their lives.
Nevertheless, it’s crucial to note that divorces don’t happen overnight. Each of the 50 states in the US mandates a waiting period between filing for divorce and its finalization. The duration of this waiting period varies between 30 days to 6 months, depending on the state. It’s worth mentioning that you cannot remarry until your divorce is officially finalized. Consequently, the time it takes to complete the divorce process will significantly impact when you can embark on your new journey of marriage.
Now, if you’re wondering how long you must wait before remarrying after a divorce, here are a few key considerations to keep in mind:
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Consideration 1: Alimony
In most states, if you receive alimony (also referred to as spousal support or spousal maintenance) from your previous marriage, the payments will cease once you remarry, unless your divorce agreement states otherwise. In many states, alimony automatically terminates upon entering a new marriage.
However, it’s important to remember that the rules surrounding alimony termination vary from state to state. For instance, in states like Arizona, the paying spouse must file a petition to terminate support, whereas Ohio’s alimony laws require the paying spouse to demonstrate a substantial change in the supported spouse’s financial circumstances since the original award, along with filing a termination petition with the court. Regardless of the specific regulations, getting remarried is typically a strong basis for terminating alimony payments.
Consideration 2: Finalize the Divorce and Waiting Periods
It’s crucial to ensure that your divorce is officially finalized and that the waiting period mandated by your state has passed before considering remarriage. Even if you and your former spouse are legally separated, neither of you can legally remarry until the divorce is officially concluded. It’s essential to understand that legal separation does not dissolve a marriage; it merely provides a temporary division of rights and responsibilities.
Consideration 3: Remarrying in a Different State
Since marriage licenses are issued individually by each state rather than the federal government, the ability to remarry immediately after divorce may differ depending on the states involved. For example, if you were divorced in Massachusetts but plan to remarry in another state during the 90-day waiting period, that subsequent marriage would become void upon your return to Massachusetts. However, if you got divorced in Massachusetts, moved to another state, and remarried there while continuing to reside in that new state, Massachusetts would recognize the validity of the subsequent marriage, regardless of when it occurred.
On the other hand, states like Rhode Island consider the divorce final only after the three-month waiting period. Consequently, any remarriage within those three months, regardless of the state, would be considered void since the divorce is not yet officially concluded, and the spouses are still technically married.
It’s important to acknowledge that state-specific regulations regarding remarriage after divorce can be quite confusing. Therefore, consulting with a divorce attorney can provide valuable guidance on understanding the intricacies of your particular situation.
Remember, your journey towards remarrying after divorce requires patience, careful consideration, and an understanding of the legal requirements specific to your state. Taking the time to navigate these aspects will ensure a smoother transition into your new chapter of love and commitment.
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