Many divorcees fall in love again, but Rhode Island residents who are looking to re-marry will want to review a few issues first to make sure that lingering issues from their first marriage will not impede on their second marriage.
One issue is divorce documents. Often when applying for a marriage license, the Clerk will ask to see a certified copy of your Final Judgment. But if your prior divorce was not properly completed with the entry of the Final Judgment, then your second marriage will not be valid. One of the issues with people who represent themselves is that they do not know how to prepare the paperwork after the divorce hearing. A person should take it upon themselves to ensure that their divorce is final.
A divorced party should also consider any child support or spousal support orders. A remarriage of either parent will not affect the amount of support they paid or received. However, alimony will end when the recipient remarries. In Rhode Island, alimony may end if you simply live with someone else if cohabitation is one of the factors in the settlement agreement that cause alimony to terminate.
If one party remains on the former spouse's health insurance, that will end upon remarriage. This can be a big issue financial issue and may interfere with your choice of doctors if the new spouse has a different plan.
Before remarrying a person may also affect whether or not you receive Social Security benefits from a former spouse. If a divorcee remarries before the age of 60 they will likely not be able to receive Social Security benefits from a former spouse.
A divorcee about to get remarried should also consider if their separation agreement allows them to relocate. They should consider if their future spouses job will likely be transferring them out of state. If your marital settlement agreement says that they cannot relocate they will need to get permission from the court or their ex-spouse or risk being held in contempt of court.
Source: Huffington Post, "Blinded by Love Again? Tips to Get Your Legal House in Order," Benjamin Berkley, Nov. 29, 2012