Is it Legal?

What is the name of your state? tennessee
Got a divorce sept 6th in georgia and the judge signed it on sept 21st, so which is valid? also is there a waiting period before getting re-married?

locojones17 said:

What is the name of your state? tennessee
Got a divorce sept 6th in georgia and the judge signed it on sept 21st, so which is valid? also is there a waiting period before getting re-married?

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The divorce is final when the judge's signature appears on the dotted line.

In Georgia, the divorce is final on the day it's filed by the clerk. Not the day the judge signs it. My divorce was signed by the judge on August 27th, but not filed in the clerks office until September 9th. So, from August 27th until September 9th it wasn't really "final". And this was in Georgia as well.

31-10-22 G
*** CODE SECTION *** 12/03/01

31-10-22.

(a) A record of each divorce, dissolution of marriage, or annulment granted by any court of competent jurisdiction in this state shall be filed by the clerk of the court with the department and shall be registered if it has been completed and filed in accordance with this Code section. The record shall be prepared by the petitioner or the petitioner's legal representative on a form prescribed and furnished by the state registrar and shall be presented to the clerk of the court with the petition. In all cases, the completed record shall be a prerequisite to the granting of the final decree.

In other words, the "completed record" (which includes the judgement, and the filing of the judgement) is a prerequisite to the granting of the final decree. It's not actually "granted" until it's filed.

In Tennesse, to get married again, you just have to have a copy of the divorce decree. There's no set waiting period between when you were divorced and when you can re-marry, as there is in some states. (Here in Missouri you have to wait 30 days between the time your divorce was final and the time you apply for a marriage license). In Georgia, if divorced within six months prior to the marriage license application you will need to show a copy of your divorce decree.

annulment

I believe I need to get an annulment. I went to court on sept 6 for a divorce, judge signed sept 21st, clerk stamped oct 2, and I got re-married on sept 11th. Would this marriage be valid?

Re: annulment

locojones17 said:

I believe I need to get an annulment. I went to court on sept 6 for a divorce, judge signed sept 21st, clerk stamped oct 2, and I got re-married on sept 11th. Would this marriage be valid?

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What type of paper exactly did this judge sign?

more info

the judge signed a final decree of divorce on sept 21st. I married another person in another state on the 11th of sept, so is the marriage valid? I have asked around and they said that is isn't and I need to get a annulment. Does anyone know of a site there I can get forms for an annulment in tennessee?

Re: annulment

locojones17 said:

I believe I need to get an annulment. I went to court on sept 6 for a divorce, judge signed sept 21st, clerk stamped oct 2, and I got re-married on sept 11th. Would this marriage be valid?

Click to expand...

Clearly, the answer is NO. Your 2nd marriage is NOT valid.

I had the same problem..

In my case, the divorce was supposedly signed on Dec. 7th for my (now) wife from her ex. We were up against an immigration deadline to get her citizenship in before amnesty ran out.. so we got married on Dec. 9th.

However, two weeks later the county clerk said there were additional papers missing from the divorce and that held up the judge's signature.. they were still married, legally.. thus invalidating our Dec. 9th marriage.

To make things worse, her ex decided to drag out for continuances to prevent her meeting the amnesty period. This is what we did;

First, we got a lawyer who petitioned the court to grant immediate "Marital Dissolution" (divorce) STATUS with all other issues to remain pending and ongoing. The judge granted it, seeing no reason not to and she was granted divorced status, even though child support and visitation issues were still being worked out.

At this point, we didn't bother annulling the Dec. 9th marriage.. we simple went to a completely different county and were married AGAIN.. this time in her divorced status. That is the marriage which was deemed valid and legal in all respects.

P.S. We've been married five years now, and still crazy about each other!!