Full question:
My husband and I were married on May 17, 2008 in Gatlinburg, Tenneessee. His divorce papers were signed off on by the judge on May 5, 2008 in the state of Alabama. It states in the decree that he can not marry again for 60 days unless to his previous wife. I just found all of this out - my question is - is our marriage legal?
- Category: Marriage
- Date:
- State: Alabama
Answer:
The legality of your marriage depends on Alabama's divorce laws. According to Alabama law, once a divorce is granted, neither party can remarry for 60 days unless they are remarrying each other (Ala. Code § 30-2-10). Since your husband’s divorce was finalized on May 5, 2008, he was prohibited from marrying anyone else until July 5, 2008. Therefore, your marriage on May 17, 2008, occurred during this prohibited period.
However, Alabama law also states that if a divorce judgment does not specifically prohibit remarriage, subsequent marriages can be considered valid (Ala. Code § 30-2-9). In your case, since the decree explicitly stated he could not marry anyone else for 60 days, this could affect the legality of your marriage. The courts have not definitively settled the constitutionality of these restrictions, which may complicate matters further.
Given these circumstances, it is advisable to consult with a family law attorney in Alabama for personalized legal advice regarding your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.