Divorce is the final point in relationships. But it often happens that new relationships appear before the old ones are over. People want to quickly enter into a new marriage and improve their personal lives. Well, such a desire is quite natural; not many people want to be lonely. But before you re-marry, you need to understand the provisions of the law so as not to make mistakes; otherwise, the new marriage will be declared invalid.
Indiana Waiting Period
Each state has its own characteristics. For example, in Kansas, re-marriage can take place after 30 days after the divorce is over, and in Nebraska, it’s allowed after 180 days. The good news is that Indiana legislation does not set a waiting period, so any spouse has the right to re-marry after a divorce without delay. It means that the next day after receiving a Divorce Decree, any spouse can get married.
Nevertheless, many lawyers recommend to wait for the 90-day appeal period and only after that to make a wedding. If one of the spouses files an appeal of the Divorce Decree, re-marriage will be prohibited until the judge makes a final decision on the request. At the same time, the law allows you to re-marry even your ex-spouse at any time, yet immediately after the divorce is ended.
Correct Date of Divorce in Indiana
As mentioned earlier, re-marrying will be possible after the divorce is completed. And here it is essential to understand what is the correct date of the divorce. Well, the whole process of termination can be divided into four dates: 1) separation of a couple, 2) filing a petition with the court, 3) judgment day and 4) date of entry of judgment.
The date of separation is the day when the couple decided that they want to end their relationship. This is also the moment when one spouse left the marital home and decided to live separately.
The filing date is the day when one spouse or both filed a petition for divorce with the court. From this point, we can assume that the process of divorce has begun.
Date of Judgment. The judge must consider the case, familiarize with all the materials, and hear the testimony of the parties. If it is a question of uncontested divorce, the judge makes a decision based on the spouses’ settlement agreement. If the contested divorce is considered, the judge makes a decision after analyzing all the factors affecting the marriage. Date of judgment means the day the judge signed the court order for the dissolution. This means that marriage is officially terminated. And here lies one nuance. Before you can re-marry, the divorce decision must enter into force.
Date of entry of judgment. When the claimant receives a divorce decision, he or she must submit it to the court clerk for processing. After the clerk stamps this document, it takes effect. This means that it is possible to make a wedding after the former spouses receive a Divorce Decree from the court clerk that their divorce is final.
Re-marriage before getting a divorce in Indiana
Quite often, the question arises: is it possible to re-marry if the divorce is not yet over? And the answer: absolutely not. If the spouse remarries before the end of the dissolution, it is considered bigamy. In this case, the second marriage is supposed to be void; this means technically, it does not have legal power. This marriage can only be annulled. Another bad news is that, in Indiana, as in other states, bigamy is considered a criminal offense. According to Criminal Law, a spouse who entered into marriage without dissolving the previous one must be convicted of a crime. The sentence can be given for up to one year.
If you are thinking about a wedding or are planning a new relationship, you should clearly understand all the nuances of divorce so as not to break the schedule of your important events. Of course, in Indiana, it is allowed to remarry immediately after the divorce. But anyway it makes sense to wait for the appeal period to be over in order not to encounter any surprises with the previous marriage.