Legal Question in Family Law in Alabama

My divorce will be final in AL on April 16th. I know that AL has a 60 day remarriage waiting period. I'm a resident of SC. They do not have a waiting time. Can I remarry in SC before the 60 days?


Asked on 3/30/10, 4:17 pm

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

If you travel outside of Alabama in something other than an attempt to evade the statute, and remarry in a way that obeys the law in South Carolina, the marriage will be valid. If you go to another state for the purpose of evading the statute, the marriage would be invalid, as it would be if you remarried within the 60 days in Alabama. Your question "can I remarry in South Carolina before the 60 days" Such a marriage would be valid, but also a stupid thing to do. You would expose yourself to a clear violation of a order from a court which has jurisdiction over the marriage, and may have reserved jurisdiction over some items in the divorce. The court always has the power to enforce its own order, and could sanction you if you willfully disobey. Remember, you have a very fresh ex-wife or husband who would love to file a petition to hold you in contempt. I don't think you would have committed the crime of bigamy, because your divorce is effective before the 60 day waiting period. You should be very careful to make sure you have obeyed all of the South Carolina requirements for a valid marriage. I cannot advise you concerning South Carolina law, but I do understand that South Carolina is not a common law state. That means if your ceremonial marriage there is not proper and valid, you cannot and will not be married by common law as you would be under the same facts in Alabama. In short, the marriage up there may be valid, but you would be very foolish to wilfully twist the court's tail in this way. When a court issues an order you must obey it. Wait until the 60-day are up.

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Answered on 4/05/10, 5:38 am


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