It is always in a party’s best interest to respond to discovery. This is for two main reasons. First off, it can hurt your ability to put on evidence at trial. Under the Texas Rules of Civil Procedure, failure to timely respond to discovery may prevent a party from being able to admit evidence at trial. If you plan on using witnesses at your trial and they are not timely disclosed during discovery process they may not be able to testify on your behalf. Evidence can be of the utmost important during a legal dispute, responding to discovery ensures evidence important to your case can be heard at trial.
The state of Texas has a mandatory thirty day waiting period after a divorce is granted before the parties may marry a new person. The reason for the mandatory waiting period is that the judge and court that issued your final decree of divorce retains plenary power for thirty days after the divorce is final. This is in case a party files an appeal or a motion for a new trial, which they have thirty days to do after a divorce is finalized. Once the thirty days has expired and the divorce has not been contested, then it is safe for the parties involved to remarry. An exception to this rule is if you desire to remarry the person you just divorced, you are not required to wait thirty days.
If you desire to marry a person who is not your previous spouse before the thirty day waiting period expires, you must make a special request that the court waive the waiting period. In an original petition for divorce, a party may request that the 30 day prohibition against marriage after a divorce is finalized be waived. This is stated in the Texas Family Code, section 6.802, as follows:
“WAIVER OF PROHIBITION AGAINST REMARRIAGE. For good cause shown the court may waive the prohibition against remarriage provided by this subchapter as to either or both spouses if a record of the proceedings is made and preserved or if findings of fact and conclusions of law are filed by the court.”
If granted for good cause, you will receive a waiver from the court allowing you to remarry prior to the expiration of thirty days. What constitutes good cause depends on your specific facts and circumstances. A common example of good cause is that your new betrothed is active military and is set to be deployed prior to the expiration of the waiting period.
If you are contemplating a divorce and would like to request that the court waive the mandatory waiting period, please contact the Ramos Law Group, PLLC for a consultation with an attorney where you can discuss your case.