The question of when and how to move forward with a new partner after divorce is common. So is the question of how Alabama’s required 60-day waiting period to remarry will affect them. Though it can feel unnecessarily restrictive, this law serves a valuable purpose by allowing divorced individuals to reflect on what they’re getting into, resolve any problems they may be dealing with, and start fresh. If you plan to remarry, here’s what you need to know.
What the 60-day Waiting Period to Remarry Involves
Alabama law mandates a 60-day waiting period, starting from the day a divorce decree is issued. While the waiting period applies in most situations, there are limited exceptions. For example, if both parties wish to remarry each other, the waiting period will be waived. Courts may also grant a waiver of the waiting period in extraordinary circumstances.
Ignoring the waiting period can lead to serious consequences. Anyone entering into a marriage before the 60 days have elapsed will find themselves in an invalid marriage, facing legal penalties. Beyond that, rushing into a new marriage can create other challenges, including emotional upheaval and the prospect of another divorce. Consequently, allowing sufficient time for reflection and preparation is wise, something the law’s existence promotes.
Common Concerns About Alabama’s 60-Day Waiting Period to Remarry
Many individuals in Alabama worry that the 60-day waiting period will keep them from living their best life, including enjoying the excitement of planning a wedding. However, there is actually an important legal reason for this prohibition.
After a divorce is made official by final order from a judge, in certain circumstances, one or both parties may file an appeal or a post-trial motion. This prohibition prevents accidental bigamy. Absent a requirement delaying a new marriage for 60 days, many individuals would get married immediately. However, if a post-trial motion or appeal is filed, the prior divorce could be set aside or re-opened in limited circumstances. This prohibition ensures everyone is legally free and clear to get re-married and that the prior marriage has been fully and finally dissolved.
That said, while the law prohibits legal remarriage during the waiting period, there’s no restriction on using the period to prepare for the next chapter. With this in mind, feel free to call the caterer.
Another common question concerns the need for legal assistance when remarrying. While not required, consulting a Birmingham family lawyer can clarify how remarriage can affect your financial or legal circumstances.
Finally, you should have a copy of your final divorce decree available. This document is frequently required when applying for a new marriage license. You may also need to produce it elsewhere to prove your marital status.
Questions to Ask Yourself Before You Remarry
Remarrying is a big decision. Therefore, reflecting on your emotional readiness, including whether you’ve spent enough time healing and processing your divorce, can help you lay the foundation for a healthy marriage with your new spouse. To that end, addressing any unresolved issues with your ex beforehand, financial or otherwise, or simply wanting to experience closure with them, can help prevent disruptions to your new marriage.
After looking back, you should evaluate the strength of your new relationship. Trust, stability, and shared values are the cornerstones of any successful marriage. Therefore, assessing whether these elements are present can be eye-opening. In the same vein, getting input and advice from close friends and family can provide you with valuable insights to help you build the marriage you intend to.
Legal Considerations Before a New Marriage
You should also consult your prior divorce decree to see if any financial matters are impacted by your remarriage. For example, periodic alimony may be terminated upon the re-marriage of the receiving spouse. To be sure your new union will not cause issues under your prior divorce, contact a Birmingham divorce attorney to review your documentation.
Additionally, if you have children under the legal age of majority in Alabama, you may also want to create or modify your current parenting plan. Clear agreements regarding custody, visitation, and co-parenting responsibilities minimize potential conflicts and create stability for the entire family.
Finally, it’s crucial to understand how remarriage might affect alimony payments. Depending on the terms outlined in your divorce, these payments may be modified or terminated entirely upon remarriage.
Logistically Preparing to Remarry
After the 60-day waiting period ends, individuals wishing to remarry must take specific steps to transition into this new chapter of life. The first step is to apply for a marriage license. This requires visiting the appropriate local government offices with proper identification and meeting any additional requirements.
Once you obtain your license, planning the ceremony becomes the next priority. Whether opting for a simple courthouse wedding or a more elaborate event, scheduling the ceremony to take place after the waiting period will avoid any legal snafus. Additionally, the waiting period can be an opportune time to update personal records with any new information you may have thus far, including a new address and your upcoming wedding date, with your employers, insurance providers, and the Social Security office.
Reviewing estate planning documents before remarriage is equally important. Updating wills, changing beneficiary information, and settling other related details can provide clarity and security moving forward. While sometimes overlooked, people find taking these practical steps effective in paving the way for a smooth transition into remarried life.
Find an Alabama Family Law Attorney to Learn About and Prepare for Remarriage.
There is little more exciting than preparing for life with a new partner. By understanding the legal requirements of Alabama’s 60-day waiting period to remarry, reflecting on your readiness, and addressing outstanding practical matters, you can set the stage for a successful and fulfilling marriage.
At Summit Family Law, our team of family law attorneys have extensive experience helping people like you lay a solid legal foundation for remarriage and can help with yours. With offices in Birmingham and Huntsville, we are here to support you. Call us today or schedule a consultation.
