Going through a divorce can take its toll on any individual mentally, emotionally, and financially. That may leave you with a never-again attitude regarding having another go at marriage.
However, studies show that approximately 70% of people wind up remarrying at least once after a divorce. If you haven’t ruled out all hope for having your happy matrimonial ending, this article is for you.
So, exactly how long after a divorce can you remarry in Virginia? Maybe you also want to know how to get a divorce in Virginia in the first place.
In the past, most states required you to wait a year before jumping the broom again. But now Virginia and numerous other states have removed post-divorce waiting periods.
While every case is different, it’s advisable for you to wait at least thirty days. Your ex has a thirty day grace period to appeal the divorce, so you should wait until that lapses.
In terms of getting a divorce in VA, hiring a lawyer is necessary to facilitate a relatively smooth process.
How To File For Divorce In VA
Before you can even think of remarrying after a divorce, you must be sure your first marriage is done and dusted legally. That means going through the entire legal process of filing for and finalizing a divorce before you think of tying the knot again.
It pays to hire a savvy lawyer, well versed in handling divorce proceedings, to spearhead the process. But, as a general rule of thumb, you must first define the grounds of your separation.
To do that, you need to establish whether it is a fault-based or no-fault divorce. In the first case, your spouse should have violated matrimonial statutes such as committing adultery or abuse. In the case of a no-fault divorce, you and your partner would have grown apart and no longer be living together. You should have been living separately for six or twelve months, depending on whether kids are involved.
Following this, you file for a divorce and serve your partner with the papers. Your partner can either accept or contest the divorce resulting in a contested or uncontested divorce. Depending on the type of divorce, you’ll then go through the necessary channels to finalize it under your lawyer’s guidance.
When Can You Remarry After A Divorce?
Say you’re contemplating walking down the aisle again, how soon is too soon before you can do so without legal ramifications? Each case is unique, but generally, the state of Virginia doesn’t impose a post-divorce waiting period.
However, it’s advisable to wait at least 30 days to formalize things with a new love interest. That is the time given to your ex-spouse to appeal the Final Decree of Divorce. That way, you won’t have to deal with any bigamy charges, which are considered a felony in Virginia.
It follows that the state of Virginia prohibits you from remarrying if an objection or exceptions to your Final Decree come up. In this case, the court proceeds to decree that no party in the marriage can get married before the appeal finalizes, and the final judgment is passed.
Should you proceed with your new marriage without finalizing the last one, it’s deemed invalid in the eyes of the law. To navigate this speed bump correctly and legally, it helps to have a skilled attorney in your corner.
What Are The Implications Of Remarrying?
While remarrying after tying up loose ends from your previous marriage is very much possible, such an act comes with a few implications for the terms of your divorce. For starters, if a supported spouse decides to remarry, any spousal support previously offered is struck off the table.
However, this only refers to monthly or periodic alimony. In cases where your former partner has to pay you a lump sum payment, the new marriage doesn’t nullify the decree.
The dynamics play out a little differently with aspects like child support. If a supported spouse remarries, the new partner’s income won’t come into play. So, your ex should continue to pay child support if the court ruled that they should, even if you remarry.
On the other hand, if the paying spouse remarries, they are allowed to seek an adjustment of child support payment. This serves to accommodate new responsibilities, such as the birth of a new child, where applicable. Read more here about what happens after divorce papers are filed.
Conclusion
It’s not uncommon for Americans to remarry after a divorce. However, you’re encouraged to wait for 30 days to give your former spouse a chance to appeal.
But generally, navigating this issue is pretty tricky and should be handled on a case-by-case basis. Hiring a knowledgeable divorce lawyer will ensure your matter is handled swiftly. Contact us if you’re looking for divorce lawyers in Virginia Beach.