Legal Question in Family Law in Alabama

My husband and I have been separated for a year. In that time we have started new relationships but due to money issues have not filed for divorce. The man I'm dating has asked me to marry him and I have accepted. I know there is a 60 day waiting period for a court date after filing but my problem is this. My future husband is in the army and will be deployed to a war zone August 21st. We want to get married before he leaves. Is there any way to wave the waiting period for the divorce?

Asked on 7/25/11, 2:56 pm

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

No. In fact, even if you signed an uncontested divorce agreement and filed it today, you would not be divorced by August 21. For any uncontested divorce filed in Alabama, there is a 30-day waiting period (called a "cooling off" period) before the judge can grant the divorce. Most uncontested divorces are signed by judges somewhere between 4 and 6 weeks after they are filed. After the judge grants the divorce, there is an additional 60 day waiting period before you can legally marry someone else. So even if you filed today and the judge signed the divorce order on the first day that it could legally be signed, you are looking at three months before you can get remarried.

Sorry to give you bad news, but the best you can do at this point is work on getting your current marriage ended, and then wait until later to marry someone else.

Good luck to you.

William L. Pfeifer, Jr.

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Answered on 7/26/11, 6:30 am

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