When can we marry following his divorce?

[Ear123]

I am engaged to a man who has been separated from his wife for 8 years. They have signed a divorce agreement in the state of Florida which will be final on January 1, 2015. Their agreement is the product of many years of mediation and is tied to this date as it coincides with certain disbursements she will be eligible for related to his military benefits which she would not be qualified for earlier than the first of the year in 2015.

My fiancé and I wish to marry as soon as possible once the divorce is final. I understand they both will need to be present in court in Florida (we reside out of state, she lives in FL) and am curious 1) how quickly they can schedule a final hearing, post January 1? 2) once the judge signs the final paperwork, is there a grace period in which the divorce is not yet final?

Thank you.

 

[TheGeekess]

I am engaged to a man who has been separated from his wife for 8 years. They have signed a divorce agreement in the state of Florida which will be final on January 1, 2015. Their agreement is the product of many years of mediation and is tied to this date as it coincides with certain disbursements she will be eligible for related to his military benefits which she would not be qualified for earlier than the first of the year in 2015.

My fiancé and I wish to marry as soon as possible once the divorce is final. I understand they both will need to be present in court in Florida (we reside out of state, she lives in FL) and am curious 1) how quickly they can schedule a final hearing, post January 1? 2) once the judge signs the final paperwork, is there a grace period in which the divorce is not yet final?

Thank you.

FL does not have a grace period.
http://archive.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

 

[OHRoadwarrior]

I doubt the court will be open on 1/1. Further, I doubt they offer walk in divorce services.

 

[single317dad]

If there is not a hearing currently scheduled, but one is necessary, then the divorce will NOT be final on 1/1. The divorce will be final when the judge says it is, which may be as soon as 1/2 or any time thereafter. There's no way of knowing when the hearing will be scheduled; that's up to the judge and depends greatly upon how full the court dockets are.

In what state do you currently reside?
http://marriage.about.com/od/us/a/waitdivorce.htm

That site is not a very good resource, but absent a specific state it's difficult to supply more accurate information.

 

[Ohiogal]

I highly doubt that the court will HOLD a divorce decree until 2015 in order to finalize. This case could end up dismissed for lack of prosecution.

 

[Proserpina]

I highly doubt that the court will HOLD a divorce decree until 2015 in order to finalize. This case could end up dismissed for lack of prosecution.

Or, husband might not have been overly truthful...

 

[Ear123]

Thank you for your comments and input. We reside in DC and plan to marry in NV. The divorce was entered in FL and that is where the hearing will take place.

Their documentation has been signed for a few years; I have the notarized agreement showing the dissolution to begin January 1, 2015. It was completed via mediation.

Does anyone know the process for obtaining a court date in this type of situation? Could he get a final hearing scheduled as soon as January 2? Or do we need to wait until January 1 comes, the court schedules a date, and he travels to the hearing at that point?

Obviously our concern is planning a wedding given variables with the dates.

Thank you.

 

[LdiJ]

Thank you for your comments and input. We reside in DC and plan to marry in NV. The divorce was entered in FL and that is where the hearing will take place.

Their documentation has been signed for a few years; I have the notarized agreement showing the dissolution to begin January 1, 2015. It was completed via mediation.

Does anyone know the process for obtaining a court date in this type of situation? Could he get a final hearing scheduled as soon as January 2? Or do we need to wait until January 1 comes, the court schedules a date, and he travels to the hearing at that point?

Obviously our concern is planning a wedding given variables with the dates.

Thank you.

Someone is going to have to submit that dissolution to the court after January 1, 2015 to even get a hearing set. Don't plan the wedding until you know for sure that he is divorced.

 

[Bali Hai]

Someone is going to have to submit that dissolution to the court after January 1, 2015 to even get a hearing set. Don't plan the wedding until you know for sure that he is divorced.

Hopefully the man will come to his senses, get the divorce and forget about any future wedding plans.

 

[Ohiogal]

Thank you for your comments and input. We reside in DC and plan to marry in NV. The divorce was entered in FL and that is where the hearing will take place.

Their documentation has been signed for a few years; I have the notarized agreement showing the dissolution to begin January 1, 2015. It was completed via mediation.

Does anyone know the process for obtaining a court date in this type of situation? Could he get a final hearing scheduled as soon as January 2? Or do we need to wait until January 1 comes, the court schedules a date, and he travels to the hearing at that point?

Obviously our concern is planning a wedding given variables with the dates.

Thank you.

A court will NOT hold a divorce decree for more than a year. NOT. GOING. TO. HAPPEN. Very likely that if there is a current divorce case open, said case will be closed due to lack of prosecution. He will not get a final hearing scheduled as soon as January 2, 2015.

 

[LdiJ]

A court will NOT hold a divorce decree for more than a year. NOT. GOING. TO. HAPPEN. Very likely that if there is a current divorce case open, said case will be closed due to lack of prosecution. He will not get a final hearing scheduled as soon as January 2, 2015.

I am thinking that it hasn't been submitted to the court at all yet...just paperwork drawn up.

 

[FlyingRon]

I am thinking that it hasn't been submitted to the court at all yet...just paperwork drawn up.

I'm wondering that if there is some statutory time period (such as the residency requirement or something) that makes it not ELIGIBLE to apply for the dissolution before 1/1/15. As stated just because the eligibility date is a date certain, doesn't mean the papers filed will be effective on such a date.

 

[Bali Hai]

I am engaged to a man who has been separated from his wife for 8 years. They have signed a divorce agreement in the state of Florida which will be final on January 1, 2015. Their agreement is the product of many years of mediation and is tied to this date as it coincides with certain disbursements she will be eligible for related to his military benefits which she would not be qualified for earlier than the first of the year in 2015.

My fiancé and I wish to marry as soon as possible once the divorce is final. I understand they both will need to be present in court in Florida (we reside out of state, she lives in FL) and am curious 1) how quickly they can schedule a final hearing, post January 1? 2) once the judge signs the final paperwork, is there a grace period in which the divorce is not yet final?

Thank you.

You've got yourself a real winner there. EVERY woman's dream!

 

[single317dad]

I highly doubt that the court will HOLD a divorce decree until 2015 in order to finalize. This case could end up dismissed for lack of prosecution.

Ah, geez. I didn't even notice it said 2015.

 

[Ohiogal]

I am thinking that it hasn't been submitted to the court at all yet...just paperwork drawn up.

I can agree with your line of thought but OP is NOT clear. She says the divorce has been entered in Florida.
And there are too many other questions associated with this mess. BLAH.