Pennsylvania Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

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US-01797BG
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Description

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.

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FAQ

Importantly, if you decide to move in with someone with whom you are in a romantic relationship or remarry, any alimony awarded to you in your divorce action could be impacted. Pennsylvania law strictly prohibits a party from continuing to receive alimony in the event of cohabitation.

Individuals can get remarried in California as soon as their divorce decree is finalized. Final court judgments dissolving a marriage may be entered either by petition of either party, or by the court, 6 months after the date of summons or after the respondent's first appearance ? whichever comes first.

Using the Shortened 90-Day Waiting Period for Uncontested Divorces. When there are no contested issues in the divorce for a court to decide, the couple may avoid the one-year waiting period and instead opt for a shorter 90-day waiting period before filing.

The Pennsylvania Rules of Civil Procedure require both parties to wait ninety (90) days from the service of the Complaint before filing the consent forms. You must wait ninety (90) calendar days from the date Notice to Defend and Divorce Complaint is served (see Step Two). The date Defendant is served is Day 1 of 90.

A party may remarry as soon as a final divorce decree is entered. However, there is a three-day waiting period in Pennsylvania for an application for a marriage license.

The one year separation period, however, is important. After spouses have been separated for a year, one spouse may ask the Court to grant their divorce.

One is called a waiver of Notice of Intent to Request a Grounds Order and the other is a Waiver of Notice of Intent to Request a Divorce Decree. What these forms mean if you sign them are that you are giving up the 20 day notice required to let you know either a grounds order or decree will be entered.

Depending on whether you file contested or uncontested, a divorce in Pennsylvania may take between 90 days to a year or longer. Contested divorces take longer due the combative nature and resolving disagreements through litigation and reliance on the court's schedule and both your lawyers' caseloads.

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Pennsylvania Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce