Santa Clara California Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

State:
Multi-State
County:
Santa Clara
Control #:
US-01797BG
Format:
Word; 
Rich Text
Instant download

Description

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.

Santa Clara County, located in California, has specific provisions for individuals seeking to waive the statutory waiting period required for remarriage after a divorce. The waiting period is a time frame during which individuals are legally required to wait before remarrying after their divorce is finalized. However, there are certain circumstances in which individuals can petition to waive this waiting period. In Santa Clara County, these petitions can be categorized into different types based on the specific situation. One common type of Santa Clara County petition to waive the waiting period is when there is an urgent need for the individuals involved to remarry. This could be due to various reasons, such as a medical condition, financial dependency, or immigration concerns. The petitioner must provide strong evidence and reasoning to support the urgency of the situation, demonstrating that waiting for the statutory waiting period would cause undue hardship or harm. Another type of Santa Clara County petition is related to individuals who have reconciled with their former spouse. In some cases, a divorced couple may decide to give their relationship another chance and wish to remarry without having to wait for the statutory waiting period to pass. The petitioner must demonstrate that there has been a genuine reconciliation and that both parties are committed to rebuilding their relationship. Evidence of counseling, joint activities, or shared living arrangements can strengthen this type of petition. Additionally, Santa Clara County may also consider petitions to waive the waiting period in cases involving military personnel. When an active-duty military member faces deployment or other significant military obligations, they may seek to remarry without waiting for the statutory waiting period to expire. These petitions require proof of military service and the associated circumstances that necessitate an expedited remarriage process. It is important to note that while these are common types of petitions in Santa Clara County, each case is unique and will be evaluated on its individual merits. The court will carefully review the circumstances, evidence, and arguments presented in the petition to make an informed decision. In summary, Santa Clara County allows individuals to petition for a waiver of the statutory waiting period required for remarriage after divorce. Different types of petitions include those related to urgent needs, reconciliations, and military service. Each petition must provide substantial evidence and reasoning that justifies the waiver.

Santa Clara County, located in California, has specific provisions for individuals seeking to waive the statutory waiting period required for remarriage after a divorce. The waiting period is a time frame during which individuals are legally required to wait before remarrying after their divorce is finalized. However, there are certain circumstances in which individuals can petition to waive this waiting period. In Santa Clara County, these petitions can be categorized into different types based on the specific situation. One common type of Santa Clara County petition to waive the waiting period is when there is an urgent need for the individuals involved to remarry. This could be due to various reasons, such as a medical condition, financial dependency, or immigration concerns. The petitioner must provide strong evidence and reasoning to support the urgency of the situation, demonstrating that waiting for the statutory waiting period would cause undue hardship or harm. Another type of Santa Clara County petition is related to individuals who have reconciled with their former spouse. In some cases, a divorced couple may decide to give their relationship another chance and wish to remarry without having to wait for the statutory waiting period to pass. The petitioner must demonstrate that there has been a genuine reconciliation and that both parties are committed to rebuilding their relationship. Evidence of counseling, joint activities, or shared living arrangements can strengthen this type of petition. Additionally, Santa Clara County may also consider petitions to waive the waiting period in cases involving military personnel. When an active-duty military member faces deployment or other significant military obligations, they may seek to remarry without waiting for the statutory waiting period to expire. These petitions require proof of military service and the associated circumstances that necessitate an expedited remarriage process. It is important to note that while these are common types of petitions in Santa Clara County, each case is unique and will be evaluated on its individual merits. The court will carefully review the circumstances, evidence, and arguments presented in the petition to make an informed decision. In summary, Santa Clara County allows individuals to petition for a waiver of the statutory waiting period required for remarriage after divorce. Different types of petitions include those related to urgent needs, reconciliations, and military service. Each petition must provide substantial evidence and reasoning that justifies the waiver.

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Santa Clara California Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce