I plan on filing for divorce in Utah because my home of record is Utah and my wife lives there with my children but I am active duty army and stationed out of state. Do I have to follow Utah law if there is a remarriage waiting period even though I am stationed out of state?
Generally you follow the law applicable in the state you marry. BUT there may be something in the divorce decree or state law which delays when the divorce is actually final due to a passage of time.
So DONT get remarried until you go to your base legal office. You can get free legal advice from them on this question. They will have access to the appropriate laws.
Answering your question does not create an attorney-client relationship. Every case is different and a resolution depends on a thorough review of applicable facts and law. No attorney can guarantee a particular outcome or result.
Basically, no matter where you live or where your divorce takes place, you cannot remarry until your divorce is final which would consist of the judge signing your Decree of Divorce and the Decree being entered by the clerk of the court. If you remarry prior to that time, your new marriage will be void.
In Utah, one can marry immediately upon the divorce being finalized by the judge, absent some provision in the decree to the contrary.
But, as you are in the military, and stationed out-of-state, there may be problems. You don't say where your potential new wife lives, or where you might actually get married. If you are going to be back in Utah for the wedding, see my answer above. If you are getting married in some other state, or country, you had best check with your local JAG office to see if there are any restrictions based upon your locality.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
Before you can remarry, the court must issue an order awarding you a decree of divorce. That is not to say that you must wait until the judge issues the "final" order/decree in the proceedings (which may take months if not years). In most cases you can petition for a bifurcated divorce, which will allow you to remarry before the judge settles the remaining issues in your divorce proceedings.
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