Can somone legally do anything to contest my marriage or change our divorce decree if I marry outside the state before 60 day waiting period is over?

My boyfriend’s ex has been awarded supervised visitations with their son due to her drug usage. She is constantly causing us grief and the latest was when she faked a valid doctor’s excuse to get court postponed. We believe this was due in part to her finding out we were planning to marry later this month while out of stae while we were here with a large (30+) group of friends. The divorce was finalized yesteday by the judge. Since the stae that e want to get married in has no waiting period can we still marry and, if we, do is there anything legally she can do to contest our marriage or change custody?

Asked on July 11, 2012 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Be carelful here with all the issues involved. Alabama would hold to be valid a marriage entered into in another State within the 60-day period or contrary to the prohibition against the remarriage of the guilty party if the marriage met all statutory requirements of that second State and if the parties had not gone outside Alabama for the marriage in order to evade its prohibitions against remarriage. A marriage entered into in another State in contravention of the restrictions imposed by Alabama would be recognized as valid in other States, since such restrictions have no extraterritorial effect. So could she report you as evading the law?  Probably.  The effect it has though would remain to be seen.  As for the issue with regard to custody and visitation, the courts use the "best interests of the child" to determine those issues.  Given the facts you have presented here it is doubtful that your remarriage would effect that but I would speak with ana ttorney to be sure. Good luck. 


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