Placing initial request for marriage while going through a divorce

[MissVal1920]

My friend and I are having a debate about something... I don't know where to find the answer for sure, but if you have had this experience please let us know. In reading the directive for inmate marriage, it seems (to me) that a divorce decree does not have to be produced until the time of your meeting with the counselor and/or at the time when the marriage license is applied for. She is saying that at the time the initial letter is written to the superintendent, the divorce should have already been finalized with decree in hand.

I know sometimes it takes 6 months to a year to get a date with the counselor and I had suggested that her and her man at least send in their letters of request while awaiting the decree (he and wife filed uncontested divorce back in August). They are past the 90-day wait time so he should be getting it any time now. I thought it may help cut down some of the waiting time.

Does anyone know for sure if it matters or not?? Thank you!

[themrs]

That is true. They do not check any previous marriages until you do your marriage license, you will present the divorce decree there and they will note the information on the license application and then verify everything before your license comes back in the mail.

[rdesmond]

Yes, correct! They can and should submit their letters. It can take a long time, depending on the facility. There are a couple of considerations: if he is filing as a 'poor person,' as he would probably be eligible it is usually a longer process. If there is any way they can come up with the approximately $350 total, they should consider that in the interest of time only. He must file for an index # to get started at the county cler's office - this can all be done via mail. In my county, it is $210. The law library where he is should be able to help him w/ any papers needed. There are papers they both have to sign and notarize. If indeed it is uncontested, great. SHe should have already signed and returned the papers to him then. He then needs to file everythgin w/ copies and submit RJI and other request along with approx. $125. Then, it goes to a judge for review. Depending on the county, 1 - 3 months for the divorce. Once he gets this decree, he must file it w/ approx. a $5 fee for it to be truly final. They only need to have that paper when the time comes for that meeting w/ the counselor. Good luck!!

[nyny1317]

I wrote the super and received my marriage certificates to fill out. But I was advised not to send them in unless I had a copy of divorce certificate. They said they will not even look at my paperwork without it. So, I cannot v=even get a date yet.


Waiting...........