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Before 4/12/72, a divorce became final one year after it was granted. The date of the granting of the decree, usually the date of the trial, commenced the running of the 1-year period which must elapse before the divorce became final. A remarriage in any State prior to the expiration of that 1-year is void, because the decree granted has the same effect as a decree nisi and does not sever the marital ties. (If either party dies within the 1-year period indicated above, the marriage is deemed dissolved by final decree immediately before such death.) (See last paragraph of entry for change of position.)

After 4/11/72, and before 2/1/78, the date of the granting of the decree, usually the date of the trial, commenced the running of the 6-month period which must elapse before the divorce became final. This applied to a divorce decree resulting from the service of a summons upon the defendant before 2/1/78. A remarriage in any State prior to the expiration of that 6 months is voidable. (If either party dies within the 6-month period indicated above, the marriage is deemed dissolved by final decree immediately before such death.)

On or after 2/1/78, a divorce decree resulting from the service of a summons upon the defendant is final immediately, except that a 6-month waiting period during which the parties must not marry will be established in each decree. Any marriage in violation of this prohibition is voidable.

All marriages referred to under the former laws as being void are now considered voidable. Any remarriages can become valid if the marriage is entered into by one of the parties in good faith and if the parties continue to live together following the removal of the impediment; i.e., the expiration of the waiting period. This is a change of position effective 12/27/78.

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