How Long Does Texas Law Require You to Wait to Get Married After a Divorce?

wedding rings and divorce definition in background

It is not uncommon for people who got divorced to find a romantic partner soon after a divorce or even while their divorce case is pending. While many people are reluctant to enter into a new marriage after a divorce, others wonder, “How long do we have to wait to get married after a divorce in Texas?”

It is rather complicated to answer that question, which is why it is highly recommended to consult with a Round Rock divorce attorney to determine how state laws apply to your remarriage. At The Law Office of Brett H. Pritchard, our skilled divorce attorneys will help you understand all of your options and consider everything you need to know before getting married again after a divorce.

Can You Get Married Immediately After a Divorce in Texas?

Under Texas law, you can get married and obtain a marriage license if you and your significant other are either:

  • Single; or

  • Divorced (your previous marriage has been officially dissolved by a court).

If you recently got a divorce, you cannot get married immediately after the divorce unless 30 days have passed since the date your divorce was finalized. If at least 30 days have passed after your divorce was finalized, you can apply for a marriage license to get married again.

When applying for a marriage license, you will need a copy of your divorce decree to confirm that more than 30 days have passed. Even if you meet the legal requirements to obtain a marriage license, you cannot hold your wedding ceremony before 72 hours have passed.

Texas law requires you to wait 72 days after getting a marriage license to conduct a wedding ceremony.

How Does Remarriage Affect Spousal Support and Property Division?

If you want to get remarried after a divorce, it is important to understand the potential impact of remarriage on your spousal support and property division. It is vital to consult with an attorney to determine when it is the right time to seek remarriage to avoid unintended consequences.

Generally, it is a good idea to wait until your former spouse has complied with all of the terms of your property division agreement and transferred title to property that rightfully belongs to you. If you are receiving spousal support after your previous marriage, you should understand how marriage may affect your ability to continue receiving alimony.

Your remarriage – or even cohabitation – after a divorce may terminate your spousal support.

As for child custody, remarriage itself does not affect a remarried parent’s custody rights unless remarriage is not in the child’s best interests. For example, if the remarried parent’s new spouse is abusive, the judge may decide to change the custody arrangement to protect the child’s safety.

Things to Consider Before Getting Married After a Divorce in Texas

Even if it has been more than 30 days after your divorce was finalized, it is a good idea to consider the following things before seeking a remarriage.

  1. Your children’s emotional wellbeing. A stranger playing the role of a father or mother is always stressful for a minor child. Therefore, you should make sure that your children are emotionally prepared for your new marriage after a recent divorce.

  2. Your own emotional health and personal needs. It is equally important to be honest with yourself and consider your emotional health and personal needs when seeking remarriage after a divorce. Make sure that your decision to remarry is in the best interests of you and your kids, rather than an attempt to make your ex-spouse jealous. Consider meeting with a therapist to ensure that you are emotionally prepared for a new marriage.

  3. Prenuptial agreement. If you decided to get married again, you might want to consider creating a prenuptial agreement to protect your rights. If you had a messy divorce, you probably understand the importance of prenuptial agreements. A prenup can be used to outline the property you owned before the marriage to ensure that you can keep it separate from marital property.

Can You Waive the 30-Day Waiting Period to Get Remarried?

You may be able to waive the 30-day waiting period so that you do not have to wait a month to get remarried in Texas. However, it not possible to waive the waiting period unless your case meets specific requirements. You may be eligible to waive the 30-day waiting period you and/or your future spouse will:

  1. Undergo surgery for a serious medical condition before the waiting period expires;

  2. Be deployed for military service before the waiting period ends; or

  3. Be reassigned to serve in the military overseas before the waiting period expires.

You may also be able to waive the 30-day waiting period if you and your former spouse had not lived for several years prior to the divorce. Once the judge receives your request to waive the waiting period, they will use their discretion to determine whether or not to grant your request.

If you are considering granting the waiting period to seek remarriage, consult with an attorney to protect your rights and ensure that you can get remarried without having to wait the mandatory 30 days.

Texas family law imposes no limit on how many times you can remarry in your lifetime. The only requirement for remarriage is that you must be officially divorced from your previous spouse. After the divorce, you must wait 30 days before remarriage unless you meet the specific circumstances to waive the waiting period.

Speak with a Round Rock Divorce Attorney

It is highly advised to consult with an experienced divorce attorney to understand your rights and obligations when seeking remarriage in Texas. In addition to the mandatory waiting period, there is a wide range of other things that you need to consider before getting married after a divorce.

Schedule a free case review with our divorce attorneys at The Law Office of Brett H. Pritchard to discuss your particular situation and determine the possible impact of remarriage on your post-divorce rights and obligations. Call (254) 220-4225 to get a case review.


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