Can I Waive the 30 Day Waiting Period After Divorce in Texas to Get Married Again?
Posted by Mary E. Ramos | Divorce
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
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.
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.