A divorce shouldn’t prevent someone from ever getting married again. Many people are able to have a healthy marriage after a divorce. In many cases, this may take even less time than you might think. To understand how soon can you get married after a divorce in New York, it’s important to know state-specific legal guidelines and waiting periods.
Many people find a partner soon after separation, and divorces have a tendency to extend for months to years. Therefore, some people are ready to get married again before their divorce is even finalized.
Oftentimes, a divorce process is so delayed that people have time to meet someone, fall in love, and get ready to marry again before the divorce is even finalized. This leads to questions about when the new couple can be legally married.
The first thing to know is that once a divorce is finalized, there is no waiting period in New York. You can apply for a marriage license as soon as you would like to. However, it is important that the divorce be truly finalized. You will want to make sure your divorce is officially over before getting married. There can sometimes be a delay in all the paperwork being filed and the system being updated, which may cause issues when you apply for a marriage license.
It’s also a prudent decision to look at your separation agreement and court orders to understand how getting married again may affect anything listed there. Depending on the situation, it’s not uncommon for remarriage to have an impact on something like spousal maintenance, child support, or even child custody arrangements. You don’t want to be surprised by any problems with the divorce agreement, so it’s a good idea to talk with your divorce attorney before remarriage.
The biggest delay in being able to remarry is the process of finalizing the divorce. In many cases, those who are ready to remarry are going through a drawn-out contested divorce. It’s not uncommon for contested divorces to drag on for years. However, working with the right family law and divorce lawyer may be able to accelerate the process somewhat.
On the other hand, if your divorce is uncontested and you can reach a divorce agreement through mediation, you’ll be able to get divorced and remarried much more quickly.
If you are planning to marry again once the divorce is finalized, it can be helpful to discuss that possibility with your lawyer. They may be able to offer advice on how that could impact the critical elements of the divorce. They may also be able to help with any legal preparations for the new marriage, including something like a premarital agreement.
No one who is ready to get married wants to wait and delay the marriage. While it is fortunate that there isn’t any kind of waiting period or other potential delays in New York, it can be frustrating if a lengthy divorce is interfering with your plans. The most useful thing you can do is have patience and be sure you are working with a legal team that understands your urgency.
A: In New York, you cannot legally enter into a new marriage until your previous marriage is finalized and the judgment is issued by the court. If you attempt to remarry before the divorce is finalized, that can create a number of legal complications and could invalidate your new marriage. It’s critical to wait until your divorce is final to remarry.
A: Several states do have a requirement that a couple wishing to divorce must spend at least six months or a year separated before they are allowed to legally divorce or sometimes even file for divorce. There is sometimes a requirement that at least one of the parties intends to make the separation permanent through divorce. However, New York has no such requirement, and a divorce can be filed as soon as you decide it’s the right option for you.
A: A New York divorce lawyer can help with every aspect of a divorce. There’s a variety of paperwork that will be needed to begin the divorce, which a lawyer can assist with. They can also represent you and help negotiate a settlement agreement as an alternative to taking the claim to court.
Having an experienced lawyer involved can help increase the likelihood that the process will go smoothly and quickly. However, if the divorce does need to proceed to trial because it’s being contested, a lawyer can represent you and advocate for your interests and desires before the judge.
A: In New York, a divorce certificate isn’t enough documentation to be able to remarry. What you will need is a divorce judgment or decree from the court. It is this document that officially dissolves the marriage and finalizes your divorce. A divorce certificate does acknowledge that the divorce happened but does not necessarily contain all the information necessary for the approval of a new marriage.
When you seek a New York marriage license, you will need to show a variety of documentation, including proof that any prior marriages were legally dissolved. A divorce decree is the official document that will fit this need.
Going through a divorce can be difficult. This is especially true for a contested divorce, which could take years to resolve. If you already know that a new marriage is waiting for you after your divorce ends, the wait can be all the more challenging.
One of the most effective ways to hasten the divorce process is by working with a New York divorce lawyer. At Trotto Law Firm, P.C., we help people get through divorce quickly so they can move on with their lives. Contact us today for help with your divorce.
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