If I am getting divorced inone statebut want to remarry in another state ASAP, do I have to wait 30 days?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am getting divorced inone statebut want to remarry in another state ASAP, do I have to wait 30 days?
What will happen if I don’t wait? Getting divorced on KS.
Asked on August 31, 2011 Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, a marriage entered in to between two people before the statutory waiting period after a divorce is considered voidable on motion (request) of either party, but not necessarily void. It is true that some state statutes indicate that it is void. This is also true in Oklahoma. The statute does not render the marriage entered in to within the 30 days invalid in an of itself. You would have to ask that it be held invalid by the court. But the statute also states that a marriage entered in to outside of Oklahoma within the 30 days will be held valid in the courts of the state in which you marry as the prohibition in Oklahoma has no "extraterritorial" effect. Check with the clerk of the court. Have a happy wedding.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, a marriage entered in to between two people before the statutory waiting period after a divorce is considered voidable on motion (request) of either party, but not necessarily void. It is true that some state statutes indicate that it is void. This is also true in Oklahoma. The statute does not render the marriage entered in to within the 30 days invalid in an of itself. You would have to ask that it be held invalid by the court. But the statute also states that a marriage entered in to outside of Oklahoma within the 30 days will be held valid in the courts of the state in which you marry as the prohibition in Oklahoma has no "extraterritorial" effect. Check with the clerk of the court. Have a happy wedding.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.