- Posted by Leigh Frost
- On June 18, 2018
- 0 Comments
You may wonder how long do you have to wait to get married after a divorce in Minnesota? New relationships often form when the original marriage is over, even if the divorce is still pending. The short answer is that, unlike some states, there is no mandated waiting period, though there are some caveats to that.
What Is a Divorce Waiting Period?
A divorce waiting period is a time after a divorce is issued when the divorced spouses are not permitted to marry someone else. Some states have waiting periods when there is the possibility to challenge a divorce after a decree is issued. The purpose is to avoid a situation in which someone has remarried whose divorce can still be called into question.
Waiting Period for Divorce in Minnesota
Minnesota does not have a divorce waiting period to remarry as a divorce decree, once issued, is considered final with very few exceptions. Therefore, there is no requirement of a waiting period to remarry after divorcing in Minnesota. However, if remarrying in Minnesota, it does take five days to receive a marriage license after the application. The marriage license requires a copy of the divorce decree, so it is not practically possible to remarry the very next day.
Grounds for Divorce in Minnesota
Minnesota is a strict ‘no-fault’ state meaning that there is no requirement to establish fault for the divorce. The grounds for divorce in Minnesota can be that the marriage is ‘irretrievably broken.’ It is possible for a spouse to contest the marriage is ‘irretrievably broken’ which can complicate the issue of when you can remarry, as this can throw the finality of the divorce into doubt if an appeal is pending.
If one party contests on the general grounds that the marriage is not irretrievably broken, this can lead to an appeal. Another exception is if one party files an appeal on the basis that the other party does not have the right to divorce. Both of these issues have to be raised during the divorce proceedings themselves, so you will know there is an outstanding appeal that prevents remarrying. But if a divorce decree is issued without these appeals in place, it is final, and the parties are free to remarry. The only limitations at this point would be the five day waiting period between applying for a marriage license (which requires you have a copy of the divorce decree) and the issuance of the marriage license.
If you are getting divorced in Minnesota and have questions about remarrying or any other issue, check out our blog for more information. If you still have questions, please contact the Law Offices of Leigh Frost to schedule an appointment.
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