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How Long After Divorce Can You Remarry in Missouri?
In Missouri, we often get this question from divorced or soon-to-be-divorced individuals: “After divorce, is there a waiting period before I can remarry?” The answer is no; Missouri does not require you to wait before you can get remarried after divorce. As soon as your divorce is final, you are officially unmarried and can marry someone else immediately.
However, you’ll want to think about some implications of remarrying after divorce. Don’t hesitate to consult an experienced Family Law attorney for legal guidance specific to your situation.
What happens if I get married after divorce in Missouri?
While it’s perfectly legal in Missouri to get married to a new partner once your divorce is finalized, consider these implications:
Know when your divorce is actually final.
The Missouri divorce process does not end when the judge signs the final judgment. After entering this judgment, there is a 30-day period wherein either spouse can file a Motion to Set Aside Judgment. This is an appeal to question the divorce decree. If your spouse has no objection and the 30-day period lapses, the divorce decree will take effect. That’s the day your divorce is final, and you are clear to remarry.
However, if your spouse does file an appeal within 30 days, the divorce proceedings continue. Neither spouse may remarry until the process has concluded.
Spousal support ends if the receiving ex-spouse marries a new partner.
Under Missouri divorce laws, a person paying alimony (spousal support) is not required to support their former spouse who has remarried. There are rare exceptions to this, when a divorce decree stipulates the continuation of spousal support after the dependent spouse’s remarriage. Again, such cases seldom happen.
How do you end alimony if the dependent spouse gets remarried? By law, the end of alimony is automatic as soon as the dependent spouse is remarried. No action is required. However, if you’re the paying spouse, you must make sure your ex’s new marriage is recognized by law. For instance, Missouri does not recognize common law marriage. Work with your lawyer to ensure you are legally free of your spousal obligation.
Spousal support does not end if the paying ex-spouse marries a new partner.
On the other hand, if it’s the paying spouse who’s getting remarried, their alimony obligation continues.
If you’re the paying spouse, it’s wise to consider the increase in your expenses from your new marriage and your existing spousal support obligation. If you wish to change the spousal support order, you’ll need to prove that there’s a significant change in circumstances that warrants order modification.
Child support does not end with either spouse’s remarriage.
Child support is intended to secure the child’s welfare and best interests, regardless of whether a parent remarries. Hence, child support obligations continue after the new marriage of either parent.
Missouri law allows parents to request child support modification if there is a substantial and continuing change in circumstances – for example, if one parent gets a significantly increased income. Note, however, that the income of any new partner (or new spouse) does not count as grounds or factors for child support modification.
Contact a Family Law Attorney at Shea Kohl Law
If you have questions about remarrying after divorce or any concern about filing for divorce in Missouri, reach out to Shea Kohl Law. With over 100 years of combined experience in Divorce and Family Law, we have helped numerous couples and individuals in Missouri untangle their family legal issues with favorable results.
Call Shea Kohl Law today at (636) 946-9999.
Call Shea Kohl Law, LC at (636) 946-9999
or contact us online to schedule your initial consultation.
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Shea Kohl Law, LC serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.