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How To Contest A Divorce In Michigan

How Soon After a Divorce in Michigan Can You Remarry?

Can you remarry immediately after a divorce? This might seem like a strange question. After all, a divorce dissolves a marriage, so you should have no restrictions on your right to remarry after the court finalizes your divorce.

But not so long ago, many states had a waiting period of up to one year after a divorce before you could remarry. If you remarried before the waiting period ended, your new marriage might be void or voidable.

Learn about divorce and remarriage and whether you should change the timing of your divorce so you can remarry in Michigan.

Restrictions on Remarriage in the U.S.

Only 10 U.S. jurisdictions have restrictions on the right to remarry after a divorce, including:

  • Alabama
  • Kansas
  • Massachusetts
  • Nebraska
  • North Dakota
  • Oklahoma
  • Rhode Island
  • Texas
  • Washington D.C.
  • Wisconsin

In North Dakota and Kansas, a judge or the ex-spouses can waive the waiting period. In the remaining states, the waiting period ranges from 30 days to 6 months.

Michigan Has No Restrictions on Remarriage

In Michigan, you cannot marry anyone before your divorce becomes final. The second marriage would be invalid. And knowingly trying to marry for a second time while still married could constitute polygamy, a felony in Michigan.

But once your divorce becomes final, Michigan does not have any restrictions on the timing of a remarriage. In theory, a judge could sign your final divorce decree and then immediately perform a civil ceremony marrying you to your new spouse.

Michigan Divorce Timeline

A divorce is a solution to a marriage that simply did not work out. Michigan law allows no-fault divorces. This means you do not need to give a reason for a divorce, like adultery or abandonment. Instead, you only need to state that the marriage has become irretrievably broken.

No-fault divorce also means that your spouse does not need to agree to the divorce. A court will dissolve a marriage if only one spouse wants to end the union.

Like most states, Michigan has a waiting period after your divorce is filed. If a couple has no children, they must wait 60 days before a judge can finalize the divorce. If a couple has children under 18, a judge cannot sign the final decree until six months after the divorce filing date.

If you are in a hurry to remarry, you should meet with an Oakland County divorce attorney sooner rather than later. The quicker you file your divorce, the quicker the waiting period will elapse.

Just bear in mind that even after the waiting period elapses, you might not have a divorce decree ready for a judge’s signature. Your final divorce decree must resolve the following:

  • Child living arrangements and parenting time
  • Child support
  • Property division
  • Spousal support

If you or your spouse contest any of these issues, your divorce decree might get delayed, and the window for remarrying might remain closed.

But if you and your spouse agree on the terms of your divorce quickly, you could get a final divorce decree and regain the legal right to remarry upon the expiration of the waiting period.

The Role of the Divorce Attorney

Your divorce lawyer will litigate your divorce based on your needs. If you want to complete your divorce quickly so you can remarry, your divorce lawyer can provide legal advice and counsel to help you do that.

To discuss your divorce and remarriage plans with an experienced divorce attorney, contact Gucciardo Family Law for a free initial consultation.

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We focus exclusively on family law matters so we are always available to answer your questions and help.

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