Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: North Carolina Petition to Waive Statutory Waiting Period for Remarriage After Divorce Introduction: In North Carolina, individuals seeking to remarry after a divorce are typically required to wait for a specific period of time before doing so. However, there is a provision that allows individuals to petition the court to waive this waiting period in certain circumstances. This article aims to provide a detailed description of the North Carolina Petition to Waive the Statutory Waiting Period Required for Remarriage After Divorce, highlighting its purpose, process, and potential types of petitions. 1. Understanding the Statutory Waiting Period: Upon obtaining a divorce in North Carolina, individuals are generally obligated to abide by a statutory waiting period before they can officially marry again. This waiting period is intended to allow parties involved in the divorce to adjust to the new circumstances and consider any potential reconciliation. 2. Purpose of the Petition to Waive the Waiting Period: The Petition to Waive the Statutory Waiting Period serves as a legal mechanism for individuals to request an exemption from the mandatory waiting period in situations where it may be impractical or unnecessary. The primary purpose is to provide an opportunity for individuals seeking remarriage to expedite the process. 3. Petition Process: a. Petitioner Eligibility: The person filing the petition must be a resident of North Carolina, have obtained a divorce, and meet the criteria outlined in the state's laws. b. Document Preparation: The petitioner must complete the applicable forms, specifically requesting the waiver of the waiting period and providing detailed reasons justifying the request. c. Filing and Serving: The completed petition must be submitted to the appropriate court and served to the respondent. d. Hearing and Decision: The court will schedule a hearing to review the petition and consider any objections. Based on the evidence presented, the court will decide whether to grant or deny the waiver. 4. Types of Petitions: a. Exceptional Circumstances: This type of petition may be filed in situations where one party faces impending military deployment, imminent health concerns, or other extraordinary circumstances justifying the need for an immediate remarriage without adhering to the waiting period. b. Mutual Agreement: In cases where both parties have reached a settlement agreement before the divorce is finalized, they may jointly file a petition to waive the waiting period. c. Reconciliation: If the couple decides to reconcile and withdraws the divorce petition, they can subsequently petition to waive the waiting period and proceed with the remarriage without delay. Conclusion: The North Carolina Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce provides a channel for individuals to request an exemption from the waiting period typically required after divorce. It aims to offer flexibility and efficiency to those seeking remarriage while adhering to statutory guidelines. Understanding the process and different types of petitions is crucial to navigate the legal system effectively and seek approval for waiving the waiting period when appropriate.
