Waiting period to remarry...Did they break the rules?

[JenOK615]

What is the name of your state? OK

If a person got divorced in oklahoma,..and they are a legal resident of oklahoma... which has a 6 month waiting period before you can remarry after a divorce..Is it legal for them to go to another state that has no waiting period...to remarry?

Our situation is...My Mother in law filed for divorce in Dec 2006. My Father in law was having an affair with another woman. The divorce was finalized in June 2007 in Oklahoma, where all 3 are legal residents. Oklahoma says you must wait at least 6 months before you can remarry...well, My father in law married this woman in Arkansas July 2007. Not even 30 days after the divorce. Is this a legal, valid marriage? I ask, because My Father in law passed away in Dec...and his new wife is telling my husband... that he is not entitled to any of his dads things. My father in law brought in a huge amount of money to this new marriage, because he and my MIL sold there home during the divorce which was paid for...and he bought a new home with the proceeds in Sept 2007, after this other marriage took place. My Father in law left no will...so now the issue is if she is his legal spouse....Hope some one can help or give some advice. Thanks

 

[seniorjudge]

the validity of the marriage is decided by the laws of where the people got married, whether it is Arkansas or Morocco or Timbuktu.....

 

[seniorjudge]

If a person got divorced in oklahoma,..and they are a legal resident of oklahoma... which has a 6 month waiting period before you can remarry after a divorce..Is it legal for them to go to another state that has no waiting period...to remarry?

You are misquoting the statute: Read the law a little more closely:

REMARRIAGE AFTER DIVORCE: It shall be unlawful for either party to an action for divorce to marry in this state a person other than the divorced spouse within six (6) months from date of decree of divorce granted in this state. [Based on Oklahoma Statutes; Title 43, Section 123]

 

[LdiJ]

I will also add that if he included her name on the deed when the house was purchased, then its her property even if they were not legally married.

If he did not put her name on the deed, and he died intestate, then the laws of Oklahoma would determine who gets what.

If he did not put her name on the deed, but left the house to her in his will, again, its her property.

So, it's really not just a case of whether or not they were legally married.

 

[JenOK615]

He died in oklahoma...He didn't have a will. Both of their names are on the title. So she gets everything, because her name is on the deed? This does not seem fair. Yes, we don't get a long with the new wife, but my husband was his only child, and they were very close. His dad had a heart attack..and he had never before had any health problems. It wasn't like he knew he was sick. We asked this woman for family photo's, his grandma's quilt...things that have little to no monetary value...but because my husband was rude to her while his parents were divorcing, she is being spiteful and refusing.

Does my husband have any claim on his dads estate? I don't see how a 4 month marriage entitles her to everything. Can my MIL contest or appeal the divorce, or is there anyway to void a divorce after the fact? I know the 6 month waiting period here is so you can appeal the divorce. Is there anything we can do as a family here?

 

[LdiJ]

He died in oklahoma...He didn't have a will. Both of their names are on the title. So she gets everything, because her name is on the deed? This does not seem fair. Yes, we don't get a long with the new wife, but my husband was his only child, and they were very close. His dad had a heart attack..and he had never before had any health problems. It wasn't like he knew he was sick. We asked this woman for family photo's, his grandma's quilt...things that have little to no monetary value...but because my husband was rude to her while his parents were divorcing, she is being spiteful and refusing.

Does my husband have any claim on his dads estate? I don't see how a 4 month marriage entitles her to everything. Can my MIL contest or appeal the divorce, or is there anyway to void a divorce after the fact? I know the 6 month waiting period here is so you can appeal the divorce. Is there anything we can do as a family here?

Have your husband consult a probate attorney. Since he died intestate if there are any assets that don't pass outside of the estate (the house will pass outside of the estate so that's a lost cause) your husband may be entitled to a share.

There are some lessons to be learned here about adult children taking sides in their parent's divorce......and also for your mother in law in case she decides to marry again.

Is there any other family member of dad's who might be able to intervene to at least get your husband the family heirlooms?

 

[Ozark_Sophist]

We asked this woman for family photo's, his grandma's quilt...things that have little to no monetary value...but because my husband was rude to her while his parents were divorcing, she is being spiteful and refusing.

Ahhh... the power of Karma.