Q: Would a finalized, sealed divorce decree in CO affect me getting married?
My Fiancé and I are both former military, and my Fiancé told me we have to wait to get our marriage license because their divorce decree was sealed. From my basic knowledge, as long as it is finalized, you're allowed to be able to remarry, so it being sealed should have no bearing on us acquiring our license to wed. All I can find is CO has a 91 day waiting period from day of filing and that has to be implemented before the couple be officially divorced. I'm not sure if I'm paranoid or this is something legally true.
A: It is not common that a divorce decree would be sealed so you have to find out why he believes his decree is sealed. If the Office of Vital Statistics can not see the divorce decree, and can only see the marriage certificate, then that could prevent a marriage. Though I am not sure what set of circumstances would result in a sealed decree.
You ask a very interesting question, I would be happy to weigh in.
It sounds like your fiance was previously married and a party to an action to dissolve that marriage. The act of sealing an order of the Court does not usually have an impact on its legal weight. That means that the document generally still carries the full force and effect of a Court order.
Oftentimes, documents are sealed or suppressed to prevent the public from accessing sensitive or private information. There are also circumstances where domestic violence can play a role in suppressing documents in domestic relations actions. The act of sealing a Court order does not generally impact its legal effect (at least in terms of dissolving a marriage).
To be cautious, please note that if you want to be absolutely certain, you should consult with a qualified domestic relations attorney. My thoughts herein are limited to the brief facts you list in your question. A free consultation should get your quandary cleared up pretty quickly.
I sincerely wish you and your fiance only the absolute best in your marriage and future endeavors!
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