The state of Alabama mandates a waiting period after a divorce before you may marry again inside the state. Alabama generally lacks jurisdiction, however, to enforce marriage laws outside its boundaries. The state's waiting period is 60 days, barring a court order to the contrary. There are, however, exceptional circumstances where the waiting period may be eliminated or extended.
Except to Each Other
The law states that neither you nor your former spouse may remarry during this prohibited period, except to each other. Because marriage laws are generally governed by the individual states, you may remarry in a different or neighboring state, based on that state's marriage laws, within 60 days of receiving your Alabama divorce decree. A marriage between Alabama residents entered into outside the state will be recognized in Alabama unless it can be proven that the parties intentionally married in another state to violate a remarriage prohibition issued in Alabama.
If either your or your spouse files an appeal of the divorce decree during the 60-day waiting period, you may not remarry while the appeal is pending. If the divorce decree is upheld by the court, and after the 60 days have passed, both of you are free to remarry.
Although it rarely happens, Alabama courts have the right to deny remarriage to one or both spouses after granting a divorce. The parties must petition the Alabama court for permission to remarry inside the state if this happens.
References & Resources
- The Code of Alabama 1975: Section 30-2-10, Sixty-day Restriction on Remarriage of Parties after Grant of Divorce or Pending Appeal of Divorce.
- RFS Lawfirm: Alabama Divorce FAQ
- US Marriage Laws, Ceremony Wedding Officiants: Summary of State Laws on Divorce and Remarriage
- Social Security: Program Operations Manual System, PR 06215.001 Alabama A. PR 86-023 Fredy L. C~ - Validity of Marriage - Alabama
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