There are two manners in which one can obtain a divorce from an imprisoned individual. First, you may obtain a divorce from an incarcerated individual through an uncontested divorce. To obtain an uncontested divorce, you and your spouse would have to be in agreement with respect to getting divorced and to all related terms. If you and your spouse only have property and/or debt, you will have to be in agreement as to how those items get divided in the divorce. If you and your spouse have children, you will have to be in agreement as to conservatorship, possession and…
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.