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Michelle
Michelle, Paralegal
Category: Legal
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Experience:  31 years of experience in criminal, real estate, juvenile and family law
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how long after a divorce is final do you have to wait to get married

Resolved Question:

i got divorced in oklahoma and want to re marry in texas
Submitted: 7 years ago.
Category: Legal
Expert:  Michelle replied 7 years ago.

Congratulations Brenton

And when was your oklahoma divorce final?

Please provide the about information so I can help you - Thanks ~ Michelle

Customer: replied 7 years ago.
second of febuary
Expert:  Michelle replied 7 years ago.

Dear Brenton

For a marriage in Texas to be legal you need to wail 31 days according to the Texas statute

§ 6.801. REMARRIAGE. (a) Except as otherwise provided by
this subchapter, neither party to a divorce may marry a third party
before the 31st day after the date the divorce is decreed.


(b) The former spouses may marry each other at any time.

If this has been helpful, please ACCEPT my answer. If you need further information, please let me know. Thanks ~ Michelle

Expert:  Michelle replied 7 years ago.

Of course - Oklahoma law states that your divorce is not totally final until 6 months after the decree is signed. so you present a tricky situation. I advise that you check with Texas since that is where you want to be married. Seems to me that should be the governing State.

 

Customer: replied 7 years ago.
ok well i checked with texas and i understand the waiting periods but i was told that since i was divorced in one state and wanted to marry in another that the waiting period did not exist this was told to me by the court clerk that does the marriage license i just need to know if this is correct
Expert:  Michelle replied 7 years ago.

Yes, I have chatted with an attorney friend of mine about this and since you were divorced in Oklahoma you will need to await the 6-month requirement. Otherwise, any marriage would be consider bigamy. Of course, as previously stated Texas is 31 days... but you must go by the laws of Oklahoma.

 

Customer: replied 7 years ago.
then why did the court clerk i called tell me that it was okay for me to re-marry since i was divorced in another state
Expert:  Michelle replied 7 years ago.

Dear Brenton -

I am not sure why you were told that. Here is the way I understand it. Your divorce is not really FINAL until 6 months after the order is signed. SO, technically you are still married. You will have to show prove of your divorce in Texas in order to get a marriage license. I don't know how you would legally be able to do that.

Michelle, Paralegal
Category: Legal
Satisfied Customers: 4136
Experience: 31 years of experience in criminal, real estate, juvenile and family law
Michelle and 5 other Legal Specialists are ready to help you
Expert:  Michelle replied 7 years ago.

Brendon -

To be sure... check with the clerk in Oklahoma. There could all kinds of problems in the future, as I am sure you can imagine, if your Texas marriage is not legit.

Customer: replied 7 years ago.
in oklahoma can the waiting period be waived by a judge and if so how do i do this
Expert:  Michelle replied 7 years ago.

Interesting. Well, I suppose it can be. Perhaps, if you could show circumstances why it should be (i.e. pregnancy - poor health - need for health insurance or something in that vein) -

You can write a letter to the ordering Judge and outline why you would like to have the waiver. Your letter should include all pertinent information - new job, need to move, fiance is pregnant. I would send the letter via certified mail, return receipt requested.

I do hope this has been helpful. At first, I felt the same thing as the Texas clerk that there would be no waiting period. But then after chatting about it, the consenus is Oklahoma law must be followed.

 

Expert:  Michelle replied 7 years ago.
If you want, I can provide you with the law and you can fine tooth it for a waiver provision. It is very long.
Customer: replied 7 years ago.
yes please
Expert:  Michelle replied 7 years ago.

Ok

Here it is. I rechecked and do not see a Waiver provision. Maybe you can locate one.

§43-123. Remarriage and cohabitation - Appeal from judgment.

It shall be unlawful for either party to an action for divorce whose former husband or wife is living to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state, or to cohabit with such other person in this state during said period if the marriage took place in another state; and if an appeal be commenced from said decree, it shall be unlawful for either party to such cause to marry any other person and cohabit with such person in this state until the expiration of thirty (30) days from the date on which final judgment shall be rendered pursuant to such appeal. Any person violating the provisions of this section by such marriage shall be deemed guilty of the felony of bigamy. Any person violating the provisions of this section by such cohabitation shall be deemed guilty of the felony of adultery.

An appeal from a judgment granting or denying a divorce shall be made in the same manner as in any other civil case.

R.L. 1910, § 4971. Amended by Laws 1925, c. 119, p. 166, § 1; Laws 1957, p. 82, § 1; Laws 1969, c. 322, § 1; Laws 1970, c. 5, § 1, eff. Jan. 1, 1971. Renumbered from Title 12, § 1280 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1997, c. 133, § 462, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 462 from July 1, 1998, to July 1, 1999.

§43-124. Bigamy a felony.

Every person convicted of bigamy as such offense is defined in Section 123 of this title shall be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than three (3) years.

R.L. 1910, § 4972. Renumbered from § 1281 of Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by Laws 1997, c. 133, § 463, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 336, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 463 from July 1, 1998, to July 1, 1999.

§43-125. Validation of decrees annulling marriage or granting divorce.

A judgment or decree, heretofore rendered by a court having jurisdiction of the parties, annulling a marriage and/or granting a divorce, on the grounds that one of the parties had been previously married and divorced and said divorce decree had not become final, is hereby validated.

Laws 1937, p. 9, § 1. Renumbered from Title 12, § 1281a by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.

§43-126. Remarriage within six months as ground for annulment.

A marriage wherein one of the parties had not been divorced for six (6) months shall hereafter in this state (COULD THIS BE AN OUT)? be ground for annullment of marriage by either party.

Laws 1937, p. 9, § 2. Renumbered from Title 12, § 1281b by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.

§43-127. Time when judgments in divorce actions become final - Effect of appeal.

Every decree of divorce shall recite the day and date when the judgment was rendered. If an appeal be taken from a judgment granting or denying a divorce, that part of the judgment does not become final and take effect until the appeal is determined. If an appeal be taken from any part of a judgment in a divorce action except the granting of the divorce, the divorce shall be final and take effect from the date the decree of divorce is rendered, provided neither party thereto may marry another person until six (6) months after the date the decree of divorce is rendered; that part of the judgment appealed shall not become final and take effect until the appeal be determined.

R.L.1910, 4973; Laws 1969, c. 321, § 1, emerg. eff. May 7, 1969. Renumbered from Title 1, § 1282 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989.

§43-128. Avoidance of marriage of incompetents.

When either of the parties to a marriage shall be incapable, from want of age or understanding, of contracting such marriage, the same may be declared void by the district court, in an action brought by the incapable party or by the parent or guardian of such party; but the children of such marriage begotten before the same is annulled, shall be legitimate. Cohabitation after such incapacity ceases, shall be a sufficient defense to any such action.

If my answer has been helpful, please ACCEPT. If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Expert:  Michelle replied 7 years ago.
Have you found anything about waiver? I did not send you the entire Code 43 - it was way too long and mostly dealt with chld support. 128 deals with your issue. I hope it is helpful. I still advise tht you talk to someone in Oklahoma court system; a clerk or even the ordering Judge's assistant. I am sure they would advise you accordingly.

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