Return to Marriages Index  




The law limiting the right of divorced persons to remarry within a certain time, is contained in Section 1306, of the Compiled laws of Alaska, which is as follows:

"A judgment declaring a marriage void or dissolved by the action or claim of either party shall have the effect to terminate such marriage as to both parties, except that neither party shall be capable of contracting a marriage with a third person, and if he or she does so contract, shall be liable therefore as if such judgment had not been given, until the action has been heard and determined on appeal, and if no appeal be taken, the expiration of the period allowed by law to take such appeal."

In an Oregon case, that of Malinda F. McLennan against Charles McLennan, the supreme court of that state decided that, "a marriage contracted in another state by a resident of Oregon who has been divorced in that state by a decree from which there is yet time to take an appeal is absolutely void, under Hill's Annotated laws, Section 503, providing that a divorce decree shall terminate the marriage, 'except that neither party shall be capable of contracting marriage with a third person until the expiration of the period allowed by law for an appeal.' "


The foregoing decision is found on page 863, book 38, The Lawyer's Reports, Annotated.

It is suggested by local legal authority that people contemplating marriages should use care in selecting someone to perform the ceremony, and if a minister is to do this it should first be proved that he still has the legal right to perform a ceremony.  Section 434 of the Compiled Laws of Alaska explain who is legally permitted to perform the marriage ceremony.  This section reads as follows:

"Marriage may be solemnized by any minister or priest of any church or congregation in the district anywhere within his jurisdiction, and commissioners and ex-officio justices of the peace are t be deemed judicial officers of the district within the meaning of this section."