What happens if someone remarries before the 60 day waiting period is over?

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What happens if someone remarries before the 60 day waiting period is over?

My ex and I were divorced in AL.The attorney and judge said there was a 60 waiting period before either one of us could remarry, unless it was to each other. It has come to my attention that he had already wed and it was before the 60 period was up. What does this mean? Will I have to wait longer to get married because they didn’t follow the divorce decree? Isn’t that contempt of court?

Asked on July 8, 2011 under Family Law, Washington

Answers:

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

Answered 9 years ago | Contributor

You are writing from the state of Washington not Alabama.  So you have moved, correct?  Has your ex husband moved as well?  If he has moved out of Alabama but not to get around the 60 day provision then it is my understanding that under the law there he is fine, as long as the marriage is legally performed in the other state.   If he got married in another state because his new wife was from the other state that might be okay too.  He just can't have left the state for the purposes of getting around the law.  If he did or he got married in Alabama then his marriage as I understand it is void (not valid).  But that is HIS problem and not yours.  It does not invalidate the divorce, just the remarriage.  And it does not tack on additional time for you.  Good luck with your new life. 


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