Posted by Mary E. Ramos | Divorce
While divorce may be the end of a marriage, it can also be seen as a new beginning that opens the door to a bright future. Many newly divorced people find themselves ready to embark on a new relationship or are ready to make an existing relationship official. Companionship is important when the time is right. Of course, if things progress to the point that you are discussing long-term plans with your significant other, your conversation could turn to marriage and the inevitable question: How long do I have to wait to get married again after I am divorced?
The answer is complicated depending on whether you seek a response for purposes of your legal, financial, emotional, or other interests. You could be ready in some respects, but balance is crucial. Legally, the answer in Texas is pretty clear cut, though you should always trust a knowledgeable Texas divorce lawyer to explain how the laws apply to remarriage and what factors are worthy of consideration.
Texas Divorce and Remarriage Laws and Considerations
For any marriage to be valid in the eyes of the law, the couple must apply for and be granted a marriage license; in order to obtain the license, you and your betrothed must have the proper legal status to enter into the marriage. In other words, you must both be single or had a previous marriage dissolved by a family law court.
That said, even if you have successfully dissolved your marriage, there are a few things you should know before getting remarried.
What Is the Mandatory 30-Day Divorce Waiting Period?
The state of Texas has several laws that slow down the proceedings of a divorce. This includes a mandatory 30-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 retain plenary power for 30 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 30 days to do after a divorce is finalized. Once the 30 days have expired and the divorce has not been contested, then it is safe for the parties involved to remarry.
Process and Legal Issues Regarding Remarriage
When going to apply for your marriage license, you should bring a copy of the divorce decree with you to verify your status. In addition, you should note the following legal issues when considering how long to wait to get married again.
- Once you receive your marriage license, there is another time restriction to bear in mind after the 30-day waiting period after divorce. You must wait 72 hours after getting your license before you can conduct the ceremony. The 72-hour waiting period can be waived for active-duty members of the military.
- Even if the the 30-day waiting period is over, there may be additional reasons to delay your wedding. To avoid complications, you should make sure you and your ex have transferred title to real estate and/or personal property that was divided in a just and right manner in the divorce process. You may want to make sure wills are updated, credit cards closed, and all financial loose ends are tied up before getting a new spouse.
- Another circumstance to consider is if you are receiving post-divorce maintenance or spousal support. Spousal support or contractual alimony often terminate when you remarry or cohabitate with another individual as a married couple. This point is not intended to encourage misconduct with post-divorce maintenance, but if the court awarded it for educational purposes or to enhance employability, you may want to take advantage of the funds toward becoming self-sufficient.
Of course, this is not an exhaustive list and your specific circumstances might be different. Thus, if you have questions or concerns about remarriage after a divorce, consider speaking with a family law and divorce attorney to learn more about the process.
DOES THE 30-DAY WAITING PERIOD 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 any amount of time prior to remarrying.
HOW TO WAIVE THE DIVORCE WAITING PERIOD
If the above exception doesn’t apply to you, there might still be some options available to you to waive the waiting period.
If you desire to marry a person who is not your previous spouse before the 30-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 30-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 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. Each case is different so it’s important to discuss your specific facts with a Texas divorce attorney.
CONSULTATION ABOUT THE WAITING PERIOD TO REMARRY AFTER DIVORCE IN TEXAS
If you are contemplating a divorce and would like to explore requesting 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.
Last Updated on August 3, 2023 by Mary E. Ramos
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