There is no restriction upon the remarriage of either party to a divorce in which the summons was personally served on the defendant provided the decree does not specify that the party obtaining the divorce is restricted from remarrying. However, a marriage entered into in Iowa within the restricted period without permission of the court is a misdemeanor only and the marriage is merely voidable and not void. A marriage entered into outside of Iowa within the restricted period is valid in the State of remarriage and in Iowa since the restriction has no extraterritorial effect.
Any marriage entered into in Kansas in violation of this restriction is void. Likewise, a marriage entered into in another State for the purpose of evading the effect of this provision would also be held to be void by the courts of Kansas, if the parties in the marriage returned to reside in Kansas after the event. In other States, the remarriage outside Kansas would be recognized as valid even if the parties went outside of Kansas to enter into marriage for the express purpose of avoiding the prohibition.
Any marriage conducted within the day period is void. The parties may agree to shorten or eliminate the day prohibition by an agreement included in the divorce decree, but if they do not, a marriage entered into during the day period is void. The voidable period ends when the divorce decree becomes final.
If no appeal is taken, the divorce decree is final after 30 days. The parties may agree to shorten or eliminate the day voidable period by an agreement included in the divorce decree. The validity of a remarriage prior to the final decision of the reviewing court is dependent upon the date the divorce decree was entered and the law as set forth above. The final judgment of divorce could not be granted before the end of 60 days from the interlocutory decree, and until the final decree was granted, the marriage continued.
A divorce judgment granted in Louisiana is final when the judge signs the decree. If a State other than Louisiana grants a divorce judgment, Louisiana courts will apply the law of the State that grants the divorce judgment to determine whether the judgment was final when the judge signed the decree or when the judge orally rendered the judgment.
During the period between the granting of the decree nisi and the date the decree becomes absolute the parties must remain married.
A remarriage entered into during this period is therefore void in all States whether contracted within or outside Massachusetts. However, by statute, Massachusetts provides that if the remarriage was ceremonial and entered into by one of the parties in good faith and without knowledge of such impediment and the parties continued to cohabit thereafter in Massachusetts as husband and wife after removal of the impediment, the marriage will be recognized as valid beginning at the point in time the impediment is removed.
A remarriage in such period is void in Massachusetts; however, if the remarriage was ceremonial and entered into by one of the parties in good faith and without knowledge of such impediment and they continued to cohabit thereafter as husband and wife in Massachusetts, the remarriage is validated upon expiration of the 2-year period. Where the libelee was a resident of Massachusetts and went to another State to contract a marriage during the prohibited period, upon returning to Massachusetts that marriage is void in Massachusetts as though it had been contracted in Massachusetts. But if the libelee was not a resident of Massachusetts at the time of the remarriage and continued to reside outside of Massachusetts afterward, the marriage would be recognized as valid by Massachusetts.
However, see GN Either party may marry again as if the other were dead. In the absence of an express provision in the divorce decree, there is no waiting period following a final divorce during which both parties are prohibited from remarrying. The court can in its discretion specify in the decree that the guilty party shall not marry again within a time fixed by the court, but not to exceed 2 years from the time of the decree. However, a remarriage contracted within the waiting period specified by the court in a divorce decree would not be invalid even if the remarriage was contracted in the State of Michigan.
Alaska Statutes: AS Divorce and Dissolution of Marriage
Unless the judgment or decree of divorce expressly provides otherwise, a divorce judgment or decree is final when rendered. The marital relationship was not dissolved until the divorce decree became final. A remarriage before the decree became final, no matter where contracted, would therefore be held to be void by Michigan and by all other States. A remarriage entered into in Minnesota during this 6-month period is merely voidable, however, and not void until and unless set aside.
A marriage contracted in another State in violation of this prohibition in the Minnesota statute would nevertheless be valid both in Minnesota and in the other State since the prohibition has no extraterritorial effect. A divorce decree is now final for all purposes when it is entered.
The appeal period is ninety days following entry of the decree. If the divorce proceeding is uncontested as to the grounds for divorce, either party may remarry before the time for appeal has expired. Unless there is evidence in file to the contrary, assume that neither of the exceptions applies and that both parties were free to marry before the expiration of the appeal period. A remarriage entered into in Minnesota during the appeal period or while an appeal is pending is merely voidable and not void until and unless set aside.
There is no period following the entry of a divorce decree during which both parties are prohibited from remarrying, although the decree may provide in the discretion of the court whether or when a party guilty of adultery shall marry again. Forward to the Program Center PC for possible submittal to the chief counsel any case in which there is a question as to the validity of a remarriage entered into in Mississippi in violation of such a prohibition. A marriage entered into outside of Mississippi, by a person prohibited from marrying by a Mississippi divorce decree, would be held to be valid by the courts of another State and also by the courts of Mississippi, unless action had already been taken in Mississippi to declare such remarriage void.
In the absence of such decree, such remarriage contracted within 6 months after a decree of divorce of either party shall not be considered invalid because it was so contracted. The general rule in Nebraska is that a decree dissolving a marital relationship becomes final and operative thirty days after the decree is entered or on the death of one of the parties to the dissolution, whichever occurs first; or if appealed, upon dissolution of appeal, if later.
For the purposes of remarriage, other than remarriage between the parties, a divorce decree becomes final and operative six months after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties of the dissolution, the decree shall be treated as if it became final and operative the date it was entered.
For purposes of continuation of health insurance coverage, a decree dissolving a marriage is final and operative six months after the decree is entered. Prior to September 9, , a divorce decree did not become final until six months after the decree was rendered. During this six-month period, the parties to the dissolution remained legally married. However, Legislative Bill revised this statute to reflect the language of the current law.
Since a marriage is not dissolved until the final decree is entered, a remarriage prior to that time would be held to be void by the courts of all jurisdictions, no matter where the marriage may have been contracted. Appeals are taken only from the final judgment. There is no waiting period after the entry of the final divorce decree during which the parties to the divorce are prohibited from remarrying.
In some instances the final judgment was entered automatically after the expiration of 3 months, and in other instances, action had to be taken usually by the plaintiff to have judgment entered within 30 days after the end of the 3-month period. If no such final judgment was entered, the marriage was never dissolved.
A marriage entered into in New York in violation of this prohibition without the court's permission is void. However, a second marriage entered into in a State outside of New York after entry of the final decree even if with the express purpose of evading the New York restriction would be recognized as valid by New York and by other States, since this restriction has no extraterritorial effect. A marriage in New York within 3 years following the divorce was void even though such marriage was not prohibited by the divorce decree or by the laws of the State in which granted.
However, if the marriage was entered into in another State, this provision of New York law had no application.
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Neither party may marry except in accordance with the decree of the court granting the divorce. The court granting the divorce is obliged to specify in the decree whether either or both of the parties shall be permitted to marry, and if so, when. The court may modify a restriction in a decree at any time so as to permit one or both of the parties to marry. Should one of the parties to a divorce marry in violation of the restrictions imposed by the court, that remarriage would nevertheless be valid in North Dakota or in any other jurisdiction.
The statute, while prohibiting a marriage of either party to a divorce for 6 months after the rendition of the decree, does not declare such marriage invalid. Any marriage contracted in Oklahoma within 6 months after a divorce decree was granted is valid unless set aside.
A marriage entered into outside of Oklahoma within the 6-month period would be held to be voidable by the courts of Oklahoma and valid by the courts of other States as the prohibition has no extraterritorial effect.
Where there is no objection either in the motion for new trial or the petition in error to the granting of the divorce, a divorce decree is final and takes effect as of the date of rendition. A marriage entered into in Oregon or in another State within the 6-month period following a divorce was held to be void by the courts of Oregon except for the situation noted in the following paragraph. A marriage contracted in violation of such prohibition was valid under the laws of other States since the Oregon divorce decree dissolved the marriage. Certain marriages entered into within the 6-month period following a divorce decree have been validated periodically by curative legislation.
The validity of a remarriage in the prohibited period outside Oregon continues the same as above except as stated in GN However, where either party dies within the day period, the marriage relationship is terminated immediately before such death. Read more about mediation. A settlement conference is a meeting with a judge before trial to explore ways to settle your issues. The meeting includes you, the other party, your lawyers if you have them and a judge.
The judge may or may not be the same judge you will have if you go to trial. The judge's role is to try help you to reach an agreement, not to be a decision-maker. The judge has no official power to make the parties settle at this stage, but usually strongly encourages settlement by critiquing the parties' trial positions. The judge also indicates how a judge would likely rule on disputed issues during the trial. If both parties want a judge to help settle the issues, file a motion asking for a settlement conference:.
Uncontested Divorce in Alaska
It is always a good idea to talk through a proposed agreement with an attorney. You need to understand how agreeing to each issue affects the other issues in the agreement. Some attorneys are willing to provide limited legal services to clients. Usually, things move faster because the parties spend less time fighting about things in court so there is less need for motions and oppositions , hearings and a trial to decide all the contested issues.
It depends on the facts of each case. It is possible that a case can be over in as little time as a month or two if the parties agree about everything and they file all the right papers. You usually will need to go in front a judge for a short hearing so both parties can put the agreement on the record. At this hearing, you will tell the judge what both parties agree about.
The judge wants to make sure both parties agree voluntarily, and the agreement is reasonable and meets the legal standards for the issues. After you have reached an agreement, you need to ask the court to put the settlement on record by filing:. Depending on your case type, fill out the final papers showing what both parties agree about. Do NOT sign the papers because you want the judge to sign them which will end the case. The judge wants to make sure both parties agree to everything in the paperwork.
The judge will go over the agreement and ask if it is voluntary and that both parties understand what the agreement says.
Divorce in Alaska
The judge may ask questions and may make a decision right at the hearing about whether to sign the agreement into an order. If the judge has signed the agreement into an order, depending on the situation and how much time has passed since the judge signed the order, you may be able to file a:. What is an agreement? Is an agreement the same as a settlement? What issues does the court want us to deal with in an agreement?
In addition to the standard divorce procedure, there is also a simplified procedure that is called a dissolution of marriage. You and your spouse may use the dissolution procedure if you both:. You begin the procedure by filing a Petition for Dissolution of Marriage. You, and possibly your spouse, will be required to attend a court hearing. The judge will ask some questions, to be sure you understand and agree to everything, and will enter a Decree of Dissolution of Marriage. For the traditional divorce procedure, you would begin by filing a Petition for Divorce.
As a practical matter, you would only use the divorce procedure if your spouse can be located and does not agree to the settlement of all issues. There would most likely be more documents filed than with the dissolution procedure, and the court hearing would likely be more complicated. A traditional divorce will result in the court issuing a Decree of Divorce. Grounds are legally recognized reasons to get a dissolution or divorce. This is the justification for severing the marital relationship. Alaska, like most states, has what are commonly called no-fault grounds for divorce, and more traditional fault-based grounds.
There are fault-based grounds for divorce, such as adultery, conviction of a felony, desertion, physical and mental abuse, and drug or alcohol addiction. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof. A dissolution or divorce involves dividing property and debts between you and your spouse. Alaska law adopts the principal of community property, so all property acquired during your marriage is considered marital property.
In Alaska alimony is called maintenance. In determining whether to award maintenance, and the amount and duration, the judge must consider factors 1 through 5 listed above for property division, plus the division of property and any other factors the court determines to be relevant. Maintenance in Alaska may be awarded for a limited or an indefinite period of time, and in a lump sum or in installments.
If you and your spouse have any minor children, there will have to be a custody determination. Traditionally, one parent was awarded custody, and the other was given visitation rights. The children lived most of the time with the custodial parent, who made the day-to-day decisions regarding the children. The non-custodial parent was allotted certain times to have visitation with the children. Both parents were involved in major decisions regarding the children, such as those regarding their medical care. The modern trend is to try to keep both parents active in the lives of their children, which has led to the concept of joint custody.
According to Alaska child custody laws, if the parties cannot reach an agreement on custody, the judge will make a decision based upon the best interest of the child, considering the following factors:. A decision must also be made about how the children will be financially supported. This almost always comes down to one parent paying money to the other.
This is determined by reference to the Alaska child support guidelines found in Rule Either party may request a name change at the time of dissolution or divorce. However, if you wish to change to a name you have never used before, you will need to go through the same formalities as anyone seeking such a name change. If you are considering an online divorce , LegalZoom can help you get the divorce documents you need. We help you fill out the paperwork and check it for completeness and accuracy, and provide step-by-step instructions for filing and completing your divorce.