Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: New Mexico Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce Description: In New Mexico, individuals seeking to remarry after a divorce are typically subject to a statutory waiting period. However, individuals may file a petition to waive this waiting period, allowing them to proceed with their marriage without delay. This article provides a detailed description of the New Mexico Petition to Waive the Statutory Waiting Period Required for Remarriage After Divorce, outlining its purpose, process, and potential variations. Key Points: 1. Understanding the Waiting Period: — In New Mexico, after obtaining a divorce, a waiting period is imposed before individuals can remarry. — The waiting period serves as a precautionary measure to ensure individuals have had enough time to heal emotionally and make informed decisions regarding their future relationships. 2. The Petition to Waive the Waiting Period: — Individuals who wish to remarry before the statutory waiting period expires can file a petition to waive the waiting period. — The purpose of the petition is to present valid reasons for bypassing the waiting period and to seek court approval for an immediate remarriage. 3. Grounds for Waiving the Waiting Period: — Valid grounds for requesting a waiver may include: a. Both parties consenting to the marriage. b. The existence of extenuating circumstances, such as military deployment or advanced age. c. Other compelling reasons that demonstrate an urgent need for remarriage. 4. The Petitioning Process: — To initiate the New Mexico Petition to Waive the Waiting Period, individuals need to fill out the necessary forms and submit them to the appropriate court. — The forms typically require personal information, details of the previous divorce, reasons for requesting a waiver, and any supporting evidence or documentation. 5. Court Review and Decision: — Once the petition is submitted, the court will review the request, considering the presented grounds for waiving the waiting period. — The court may schedule a hearing to evaluate the merits of the petition or make a decision based on the provided information. — The court's decision will determine whether the waiting period is waived, allowing the individuals to proceed with their remarriage. Types of New Mexico Petitions to Waive Statutory Waiting Period Required for Remarriage After Divorce: 1. Standard Waiver Petition: — This is the most common type of petition, filed when both parties genuinely consent to the remarriage and prioritize prompt union. 2. Special Circumstances Petition: — Individuals facing unique circumstances, such as military personnel or elderly individuals, may file this type of petition to request an immediate remarriage due to the specific circumstances. 3. Emergency Petition: — In rare cases involving extreme circumstances, such as imminent danger or serious health concerns, individuals can file an emergency petition, seeking an expedited waiver. Remember to consult and comply with the specific laws and requirements of the state of New Mexico when using the information provided in this article.
