Legal Question in Family Law in Alabama

Remarriage

Recently, I remarried. It was 61 days after my divorce was final (Oct 28) (The decree said that I had to wait 60 days, unless there was an appeal filed within 42 days). My ex did file a Motion to Alter, Amend, or Vacate (Nov 27, heard on Dec 16, not ruled on yet) about some minor issues in the decree. She is now accusing me of being unlawfully married. I followed the divorce decree to the letter, but is there something more if a Motion to Alter is filed? If so, why isn't it put into the decree? Thanks.


Asked on 1/19/04, 9:38 pm

1 Answer from Attorneys

J.Clayton Davie, Jr. Davie & Davie, LLC

Re: Remarriage

A Judgment granting a divorce must provide that neither party shall remarry(except to each other) for sixty days after entry of judgment AND that if an appeal is taken during those sixty days, neither party shall remarry(except to each other) during the pendency of the appeal. Please look closer at the wording of the Judgment. A Motion to Alter or Amend a Judgment constitutes an appeal from the Judgment. Your former spouse timely appealed and you would be in contempt of the Court's order. Although you imply that the appeal to the trial court, as distinguished from an appeal to an appelate court, does not challenge the dissolution of the marriage but only "minor issues" such that there is "no harm, no foul" to the validity of your subsequent marriage and no standing on the part of your former spouse to challenge the validity of that marriage, your question does raise several substantive and procedural issues which would require further information to address. Please note also that the Court has 90 days to rule on the motion before it is considered to be denied, and that your ex-wife has preserved her right to appeal to the appellate court.

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Answered on 1/20/04, 7:39 am


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