Restrictions Against Remarriage Following a Divorce Decree in Ohio

By Michael Butler

Many states have restrictions about remarriage after a divorce, including mandatory waiting periods to allow for appeal of the divorce. Ohio does not have any of these restrictions. However, as a practical matter, you may have to wait to get remarried because you will need certain documentation before you can remarry someone else.

Many states have restrictions about remarriage after a divorce, including mandatory waiting periods to allow for appeal of the divorce. Ohio does not have any of these restrictions. However, as a practical matter, you may have to wait to get remarried because you will need certain documentation before you can remarry someone else.

Waiting Periods

In the past, divorce was often granted after one party proved the other party was somehow at fault in the marriage. However, most divorces today are no-fault and only one party has to allege the parties have irreconcilable differences for a court to grant a divorce. Even if an Ohio divorce is granted on fault grounds, an appellate court will not overturn the act of divorce itself because it could have still been granted as no-fault. Because the divorce is final, Ohio does not have any waiting period to get remarried.

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License

To get remarried in Ohio, you need to obtain a new marriage license. You also need government-issued ID. If you are under 21, you also need a copy of your birth certificate. You and the person you want to marry must both appear to get the license. You can not marry a person of the same sex or a cousin. Additionally, you need a certified copy of your divorce decree to get a new marriage license. Finally, you do not need to be a resident of Ohio.

Timing

Once you get a marriage license, you must get married within 60 days. If your final divorce decree was delayed for some reason, you might need to get a new marriage license. However, there is no waiting period to get married in Ohio after you get the license as there is in some other states.

Considerations

You will have to get married in a ceremony in front of someone authorized by the Secretary of State of Ohio who will sign your marriage license. Thus, while there are no legal restrictions concerning remarriage after a divorce in Ohio, the practical considerations of obtaining a marriage license and arranging for a ceremony can delay remarriage.

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References

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