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Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

State:
Multi-State
Control #:
US-01797BG
Format:
Word; 
Rich Text
Instant download

Definition and meaning

The Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce is a legal document that individuals can file in court to request permission to remarry before the mandated waiting period expires following a divorce. This form is essential for those who wish to expedite their remarriage after fulfilling the legal requirements for divorce, ensuring that they can move forward in their personal lives without unnecessary delays.

Who should use this form

This petition is suitable for individuals who have recently finalized a divorce and wish to marry again before the statutory waiting period mandated by their state’s laws. It is particularly relevant for:

  • Individuals who experience a change in personal circumstances.
  • Those who wish to remarry for emotional or financial reasons.
  • People who have found a new partner and wish to formalize their relationship promptly.

How to complete a form

To successfully complete the Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce, follow these steps:

  1. Begin by entering the name of the court and relevant details such as the county and state.
  2. Clearly state your name as the petitioner along with your address.
  3. Provide the date your divorce decree was entered and details about your former spouse.
  4. Include the specific statutory waiting period outlined by your state.
  5. Articulate your reasons for requesting a waiver of this waiting period.
  6. Sign the petition and include any attorney information if applicable.

Always ensure that the form is accurately filled out to avoid delays or rejection.

State-specific requirements

Each state has its own laws governing the waiting periods for remarriage after divorce. It is crucial to understand these specific requirements before filing the petition. For example, some states may require a specific number of days after the divorce decree, while others may have exceptions based on circumstances. Check your state’s legal code for:

  • The exact waiting period.
  • Any additional documentation that may be necessary.
  • Criteria that the court considers for granting the petition.

Benefits of using this form online

Utilizing an online platform to access and complete the Petition to Waive Statutory Waiting Period can offer numerous advantages:

  • Convenience: Fill out the form from home at any time.
  • Accessibility: Download and print the form easily.
  • Guidance: Many online services provide step-by-step instructions that simplify the process.
  • Legal Assurance: Forms are often reviewed by licensed attorneys to ensure they meet legal standards.

Common mistakes to avoid when using this form

When preparing the petition, it’s important to be diligent to avoid common errors that could delay the process:

  • Failing to accurately state the waiting period required by your state.
  • Not providing sufficient reasons for the waiver request.
  • Incorrectly filling out personal information or details about the former spouse.
  • Neglecting to sign the form or include necessary signatures from witnesses or attorneys if required.
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FAQ

You can't marry the same person twice unless you divorced her from the first marriage.

Please note that it is illegal to remarry before your divorce becomes final. This is usually one month and one day after your divorce is granted in court. To marry a third party before your divorce becomes final is classed as bigamy and your subsequent marriage will not be legal.

The good news is, you do not have to wait to remarry after a California divorce. As soon as your divorce is finalized and the court has legally dissolved your union, you are free to move on and join your life with a new spouse.

If you remarry another person before your divorce to your current spouse is final, this is considered bigamy. Committing bigamy in the United States is against the law in every state, and those who engage in it can be subject to both criminal and civil penalties.

You must wait 30 days from the date of divorce before you can marry someone else. This 30 day waiting period can be waived by the judge if there is a good reason to do so.

Yes, it is perfectly legal to get engaged before your divorce is final. A marriage engagement is an oral promise to marry someone. A marriage engagement does not require a license, nor does it generate the same rights and responsibilities that a marriage does. Legally, you must be divorced before you can remarry.

There is a minimum statutory six-month waiting period before you can remarry in the state of California. Be advised that nothing will automatically happen six months after you file for divorce.

If you're wondering how long it may take you to get remarried, of course, everyone is different, but the remarriage after divorce statistics when it comes to the average time to remarry after divorce show that about half of all people who experience a divorce will remarry within 5 years of a divorce, a figure that is

Till the time your Divorce proceedings are pending in Court, whether its Contested or Mutual Consent Divorce, you cannot legally marry another person. As a matter of fact, you cannot marry again till the expiry of 6 months from the date of Divorce.

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Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce