Get Married Again

The state of Texas has several laws that slow down the proceedings of a divorce. This includes a mandatory thirty day divorce waiting period after a divorce is granted before the parties may marry a new person.

The reason for the mandatory waiting period after divorce to remarry in Texas 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. To have this period

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Does this Apply to Your Former Spouse?

An exception to this rule is if you desire to remarry the person you just divorced, you are not required to wait thirty days.

How to Waive the Divorce Waiting Period

If you desire to marry a person who is not your previous spouse before the thirty day waiting period after divorce in Texas 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 thirty day prohibition against marriage after a divorce is finalized be waived. A family law attorney can help you do this.

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 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 divorce waiting period.

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Consultation About The Waiting Period to Remarry After Divorce In Texas

If you are contemplating a divorce and would like to request that the court waive the mandatory waiting period, please Contact Mary E. Ramos at the Ramos Law Group, PLLC to schedule a consultation with an attorney to discuss your case.

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Standard Possession Order

If you and your ex are working under what is known as a Standard Possession Order, the non-possessory parent is entitled to a block of visitation time during the summer. How many days the non-possessory parent gets with the children and when that visitation occurs during the summer depends on the geographic distance between the two parents.

Within 100 Miles

If you and your ex reside within 100 miles of one another, the non-custodial parent can possess the children for a period of thirty days during the summer. The default dates for this period of possession are July 1 – July 31 but if the parent desires a different schedule, they must give the other parent written notice by April 1 prior to summer how and when they desire to schedule their allotted thirty days.

Over 100 Miles

If you and your ex reside more than 100 miles away from each other, the non-custodial parent may have visitation with the children for a period of forty-two days during the summer. The default dates for this period of possession are June 15 – July 27, but just like as stated above, a parent may give written notice by April 1 to elect a different schedule.

Summer Elections

Non-custodial Parent - Notice Due on April 1st

The non-custodial parent may elect to visit with the children for their allotted period of time during the default dates or may elect to break the visitation up into two blocks of time, for example fifteen days in June and fifteen days in July. Written notice must be served on the other parent by April 1 to express their planned visitation schedule.

Custodial Parent - Notice Due on April 15th

Just because the other parent is granted a large period of time does not mean the primary parent has to go 30 or 42 days without seeing their children. The custodial parent may elect a weekend, via written notice to the other parent by April 15, to exercise a weekend visitation with the children during the block of time with the other parent. This weekend must be designated by the parent and cannot interfere with Father’s Day Weekend.

As with all other visitation under your child custody order, if you and your ex can come to an agreement on visitation schedules that is preferable and in the best interest of the parent and successful co-parenting. The Standard Possession Order and summer visitation language are there to dictate visitation only when the parents can’t agree.

Need Help With Summer Visitation? Call Today!

If you have concerns about your current custody arrangement or would like to find out more information, please contact the Ramos Law Group, PLLC.

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