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 9 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 9 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.

 


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