Strange Divorce Laws Across the U.S.
Divorce laws are meant to be fair and efficient. However, this isn't always the case in every jurisdiction. Any family law attorney will tell you that there are aspects of the law that cause bewilderment. Some of these strange laws are the result of an arcane legislative process. Others are just based on outdated social concepts. Either way, it is interesting to take a look at these five, strange divorce laws.
The Six Month Rule
In the state of Oklahoma, you have to wait to remarry after a divorce. The law prohibits one from remarrying within a six month period. Section 123 of Title 43 of the Oklahoma Statutes clearly state this rule. Therefore, if you are considering getting out of one relationship to get into another, Oklahoma may not be the place for you.
Another Six Month Rule
When it comes to divorce, Delaware also has a six month rule. However, this state's focus is on the time period before the divorce. In order for the court to process the divorce, the couple must be living in separate households. There is an exception to the rule if a couple tries to reconcile. However a failed reconciliation must end with both spouses living apart for at least 30 days before the court date for the divorce.
Last Name Limitations
Some women decide to keep their married surname after a divorce. In most places, this is the woman's decision. This is not the case in Alabama. Under the Marital and Domestic Code of the state, the court can prohibit the woman from using her married name. Marital and Domestic Relations Code section 30-2-11 grants the court the discretionary power over this issue.
When Divorce and Maternity Don't Mix
It might seem overbearing to prevent a pregnant woman from divorcing. However, the state of Texas does exactly this. Yet, this is more of an unwritten rule than something you'll find in a statute. Traditionally, the state's courts refrain from approving a divorce until childbirth occurs. For recent pregnancies, this could mean having to wait up to nine months to enter the divorce. In some cases, it may be possible for an experienced attorney to help expedite the process.
Out of the Ordinary, But Reasonable
The last law we'll cover is not common across jurisdictions, but it does make some sense. In Kentucky, the majority of courts impose parent education classes on divorcing couples. These classes help parents deal with the divorce and its impact on the children. These classes serve a two-fold purpose. They help with judicial efficiency by proactively reducing disputes. They also support families during a very emotional time.
If you need assistance with child custody, visitation rights or any other family law issue in Utah, contact Terry Spencer PLLC for help.