No wait state

[teach325]

What is the name of your state (only U.S. law)? Oklahoma
If you divorce in a state with a 60 day waiting period yet remarry in a no wait state is the marriage valid in the state with the waiting period.

[Ohiogal]

What is the name of your state (only U.S. law)? Oklahoma
If you divorce in a state with a 60 day waiting period yet remarry in a no wait state is the marriage valid in the state with the waiting period.

How were you allowed to remarry? Because quite frankly you should have to wait after your divorce due to FF&C

[teach325]

It is my daughter, she and her husband got married in Arkansas and she just found out that his divorce in oklahoma wasn't filed until 3 weeks after thay got married. She is now asking for an annulment and he is saying that in Arkansas you dont have to wait. I can't find anyone who has answers. If you are divorced in Oklahoma a state that makes you wait yet you get married in a no wait state is it valid? Im not sure how he did it...

[LdiJ]

It is my daughter, she and her husband got married in Arkansas and she just found out that his divorce in oklahoma wasn't filed until 3 weeks after thay got married. She is now asking for an annulment and he is saying that in Arkansas you dont have to wait. I can't find anyone who has answers. If you are divorced in Oklahoma a state that makes you wait yet you get married in a no wait state is it valid? Im not sure how he did it...

You said "wasn't FILED until 3 weeks after they got married". Did you mean wasn't FINAL until 3 weeks after they got married? The answers would be very different depending on that one word.

[teach325]

It is really confusing. The divorce was to be final on May 14, 2007 but because he didn't show up they charged him with contempt of court and the next hearing was not until July 30, 2007. The Judge signed the decree on July 30th and the filed it on Aug 1, 2007. That is why she is asking for an annulment but if it ends up that the court honors the May 14th date then he still shouldn't have been able to marry in July if waiting for the 6 months. But he argues that since Arkansas is a no wait state it doesn't matter what Oklahoma laws say even though they are both from Oklahoma. Surely this has happened before, I just can't find any answers and we have to file something soon.

[mommyof4]

It is really confusing. The divorce was to be final on May 14, 2007 but because he didn't show up they charged him with contempt of court and the next hearing was not until July 30, 2007. The Judge signed the decree on July 30th and the filed it on Aug 1, 2007. That is why she is asking for an annulment but if it ends up that the court honors the May 14th date then he still shouldn't have been able to marry in July if waiting for the 6 months. But he argues that since Arkansas is a no wait state it doesn't matter what Oklahoma laws say even though they are both from Oklahoma. Surely this has happened before, I just can't find any answers and we have to file something soon.

The issue that really needs to be determined is wheter or not the marriage is valid due to the fact that he was still married when he 'married' your daughter.

[LdiJ]

It is really confusing. The divorce was to be final on May 14, 2007 but because he didn't show up they charged him with contempt of court and the next hearing was not until July 30, 2007. The Judge signed the decree on July 30th and the filed it on Aug 1, 2007. That is why she is asking for an annulment but if it ends up that the court honors the May 14th date then he still shouldn't have been able to marry in July if waiting for the 6 months. But he argues that since Arkansas is a no wait state it doesn't matter what Oklahoma laws say even though they are both from Oklahoma. Surely this has happened before, I just can't find any answers and we have to file something soon.

Your daughter needs an attorney...this one isn't simple.

[Golfball]

It is really confusing. The divorce was to be final on May 14, 2007 but because he didn't show up they charged him with contempt of court and the next hearing was not until July 30, 2007. The Judge signed the decree on July 30th and the filed it on Aug 1, 2007. That is why she is asking for an annulment but if it ends up that the court honors the May 14th date then he still shouldn't have been able to marry in July if waiting for the 6 months. But he argues that since Arkansas is a no wait state it doesn't matter what Oklahoma laws say even though they are both from Oklahoma. Surely this has happened before, I just can't find any answers and we have to file something soon.

I think in this case, the waiting period doesn't matter at all. Based on what you said earlier, the putative marriage to your daughter occurred in early July, correct? Since the decree was not finalized until July 30th, the previous marriage was not dissolved at that time.

I'm very curious on how much paperwork AR requires, again ignoring the waiting periods. (I'm surprised they didn't ask for the case number as well as one of: a) a certified copy of the divorce order, signed by the judge, b) a non-certified copy of said divorce order in section (a) (i.e. someone shoved it into a fax machine), c) a certified copy/reproduction of the decree from the state vital statistics department, or d) a certified death certificate for the former spouse naming one of the marriage license applicants as the spouse. None of a through c can be legitimately provided until the judge has signed off on the divorce, and d requires a corpse.) Or maybe a clerk was asleep at the switch.

As far as the waiting period goes (speaking hypothetically at this point, as one has to determine whether the divorce was final at all), it looks like the marriage could be held voidable in OK (because the waiting period was violated), but would not be held voidable or void in AR.

[Ohiogal]

It is my daughter, she and her husband got married in Arkansas and she just found out that his divorce in oklahoma wasn't filed until 3 weeks after thay got married. She is now asking for an annulment and he is saying that in Arkansas you dont have to wait. I can't find anyone who has answers. If you are divorced in Oklahoma a state that makes you wait yet you get married in a no wait state is it valid? Im not sure how he did it...

Well that is TOTALLY not legal. While another state MAY allow them to marry as long as they are divorced but his divorce was NOT final until it -- the decree-- was filed.

[Ohiogal]

I think in this case, the waiting period doesn't matter at all. Based on what you said earlier, the putative marriage to your daughter occurred in early July, correct? Since the decree was not finalized until July 30th, the previous marriage was not dissolved at that time.

I'm very curious on how much paperwork AR requires, again ignoring the waiting periods. (I'm surprised they didn't ask for the case number as well as one of: a) a certified copy of the divorce order, signed by the judge, b) a non-certified copy of said divorce order in section (a) (i.e. someone shoved it into a fax machine), c) a certified copy/reproduction of the decree from the state vital statistics department, or d) a certified death certificate for the former spouse naming one of the marriage license applicants as the spouse. None of a through c can be legitimately provided until the judge has signed off on the divorce, and d requires a corpse.) Or maybe a clerk was asleep at the switch.

As far as the waiting period goes (speaking hypothetically at this point, as one has to determine whether the divorce was final at all), it looks like the marriage could be held voidable in OK (because the waiting period was violated), but would not be held voidable or void in AR.

Or I should have just said ditto. Upon further reflection GB is correct.