Legal Question in Family Law in Virginia
Divorce Law
This is what my husbands decree states: this decree of divorce shall be absolute and final in every respect upon filing with the clerk of Geary County, except any marriage contracted by either party within or without of this state prior to the expiration of 30 days, or if an appeal is taken, then until the receipt of the mandate from the Supreme court in accordance with , shall be voidable. Does this mean they have to wait thirty days before they can get married to any one else? If not what does it mean? thank you
2 Answers from Attorneys
Re: Divorce Law
I don't practice in Geary County, but I've never seen this language in a Final Decree in Northern Virginia. The appeals language seems unnecessary. Unless there is a rush to get married, I'd steer clear for 30 days to be extra safe. Other agreements or orders may cabin the consequences of ignoring that language.
Re: Divorce Law
Yes, it does mean that a marriage within 30 days of entry of the final decree is voidable . . . but that's different from void. If a marriage is void, it's automatic and can't be fixed; if it's voidable, it can be nullified by a court if someone petitions the court to nullify the decree. So you can get married within the 30 days after the entry of a final decree, but it's suceptable to being voided.
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