QUESTION
Can we still get married? Or do I have to wait until he receives the paperwork if my fiancé has been divorced 1 year and couple months?
Asked on Dec 26th, 2013 on Divorce - Florida
More details to this question:
With is for my wife. Now we are planning to get married and he hasn't received the divorce decree. Because we both want to go and get the marriage license I told him he has to have the divorce decree to show as proof.
9 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona there are records, online in most counties, that show the status of court cases. For example, if the divorce was in Maricopa County, Arizona, he could go to Maricopa.gov, go to the link for case history, go to the family court link. put his name in if he does not have the case number, click on the link for his divorce case and then verify from the docket whether or not a decree of dissolution has been entered. If the divorce was in another county he may have to go to the court records department to check and see if a decree has been entered. Once he has confirmed, by viewing the docket, then there should be no reason for the two of you not to get your marriage license and proceed to have your ceremony.
Answered on Dec 31st, 2013 at 11:14 PM
If you wish to get married you must be sure your are divorced. If you divorce is not final and/or final proofs have not been taken by the court, the divorce is not yet final and if you get married and are not divorced, under Michigan law your marriage is null and void. Call the Clerk of the Court in the city where your about to be ex is living and filed the divorce. Ask the Clerk to check the status of the file and order a copy of the Judgment of Divorce. You will have to pay per page for the JOD. If you chance it and are not divorced, you will have to go through a hassle and get an Order of the Court entered showing your marriage was null/void. Take the time to get an official copy of the Judgment of Divorce and save yourself a lot of stress and $
Answered on Dec 27th, 2013 at 5:22 PM
If he has never seen a divorce decree I strongly suggest you visit the court where the divorce was granted to make sure he actually is divorced. Most courts have a rule that a notice of entry of judgment must be mailed to both parties in a divorce so they know they are divorced. I'm guessing your fiancee is not married. If you marry him under these circumstances, your marriage could well be found to be void and you would have no rights under any community property law state. Sorry. I know it is a lot of work but it is well worth knowing for sure.
Answered on Dec 27th, 2013 at 12:12 PM
You are correct. You need a copy of the divorce decree. He needs to go to the court house and get a copy. Many people file for divorce and think that is all they have to do. There are many more steps. It is not automatic.
Answered on Dec 27th, 2013 at 11:55 AM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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I think to be safe you should see an official copy of the divorce decree before getting married.
Answered on Dec 27th, 2013 at 11:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He doesn't need the divorce decree to get the license. However, it wouldn't hurt to call the court and get a certified copy of the decree sent to you. Maybe he isn't divorced and only thinks he is.
Answered on Dec 27th, 2013 at 10:42 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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One who is going through a divorce cannot remarry until the court issues its decree of divorce dissolving the marriage. The amount of time that the divorce case has been pending has no bearing on the dissolution of the marriage.
Answered on Dec 27th, 2013 at 9:55 AM
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You can easily request the Decree from the clerk in the County where the divorce was filed. You can get a certified copy for a nominal charge. Please make sure you have the Decree, as our office has handled annulments due to one party believing their divorce finalized when it did not and then their second marriage was null and void.
Answered on Dec 27th, 2013 at 9:55 AM
The best and quickest approach is to go down to the Court and check the file. If the divorce is final, you can copy the final Order of Dissolution and you will have what you need. If the divorce is NOT final, you need to move it along by submitting your Motion to the Court to finalize the divorce.
Answered on Dec 27th, 2013 at 9:54 AM