If I’m divorced andthe decreestates that I cannot remarry in for6 months, can I marry in another before the 6 months are up?

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If I’m divorced andthe decreestates that I cannot remarry in for6 months, can I marry in another before the 6 months are up?

In OK. My boyfriends mom has been given a short time left to live and we don’t know that she’ll make it until the 6 month waiting period is over. Can I get into trouble for marring in CA before the 6months is up? Can my ex use it to get custody of my daughter?

Asked on October 26, 2010 under Family Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

States recognize each other's marriages and divorces, so I believe another state would also honor the divorce decree. Violating it could certainly have negative consequences for you--potentially in terms of  property distribution, support, or child custody. While to be sure, you should consult with a California matrimonial or divorce attorney, who knows all the cases and precedents and can evaluate the specifics of your situation, it is probably a very bad idea to violate the decree. Still, if you really want to do this, you need to consult with an attorney who can evaluate the decree and the law relating to it.

One possibility: if the decree forbids civil marriage--i.e. being married in the eyes of the state--could you do a religious ceremony of some sort so your boyfriend's mom can share in your committment...then follow up with a civil marriage (and the marriage license) later? If the idea would work for you, discuss it with an attorney who can read and evaluate the decree with you.


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