Updated on September 3, 2024
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. Contact a divorce lawyer now to discuss the options available to you in your situation.
Texans Are More Willing to Take the Plunge
If you’re divorcing and have thought about remarriage, you’ve come to the right state. In fact, according to the Pew Research Center, Texas has the highest percentage of people who have been married at least three times in the nation. Of those who have ever been married in the state, 6 percent have wed at least three times.
In other words – if you’re thinking about another walk down the aisle, you’re in good company.
Ending One Marriage before Entering Another
While you can marry as many times as you like in Texas, any prior marriage must have ended legally through divorce or annulment before you can enter the next. If you marry before obtaining a divorce, the second marriage won’t be recognized by the State of Texas – regardless of the state in which the first marriage took place.
Additionally, there are bigamy laws that make it a crime in Texas for someone who is already married to enter a second marriage. This law applies to both spouses if each is aware that one of them is already married.
Remarriage in Texas has the potential to become very complicated. As such, if you’re considering remarrying, discuss your situation with a Round Rock family lawyer. He or she will help you understand the laws and possible outcomes related to your choice.
Age Requirements for Marriage or Remarriage in Texas
To marry in Texas, you must be at least 18 years old. In the past, those who were between the ages of 16 and 18 could marry if they had the permission of one of their parents or the permission of the court.
This law has changed due to concerns about forced marriages in the state, and now, anyone who is younger than 18 – but is at least 16 – can only marry if they’ve been emancipated by the court. Emancipation means to have the “disabilities of minority” removed for general purposes, like marriage. Those under 18 are similarly incapable of entering a common law marriage.
Can You Get Married Immediately after a Divorce in Texas?
Texas is one of only a few states that require a divorced person to wait before remarrying. In Texas, there is a 30-day waiting period. During this time, either party can appeal the divorce decree and reopen the divorce. Any new marriages within the 30 days are voidable and can be challenged by one of the parties.
If you recently got a divorce, you cannot get married 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, Texas law requires you to wait 72 hours after getting a marriage license to conduct a wedding ceremony.
It should also be noted that there is a 60-day waiting period between filing for divorce and when a court can actually grant a divorce, making the total waiting period between filing for divorce and remarriage a minimum of 93 days.
How Does Remarriage Affect the Terms of My Divorce?
If you want to get remarried after a divorce, it is important to understand the potential impact of remarriage on your property division, spousal support, and child custody terms. It is vital to consult with a Round Rock divorce attorney to determine the right time to seek remarriage to avoid unintended consequences.
Division of Marital Property
Since Texas is a community property state, any material change in assets during the 30-day waiting period allows spouses to question whether the property was owned before the divorce. In addition, it’s generally wise to wait until your ex has complied with all of the terms of your property division agreement and transferred any titles to properties that rightfully belong to you.
Spousal Maintenance
In Texas, alimony is called spousal maintenance, and while it isn’t awarded all that frequently, it can make a significant financial difference in your life – as the recipient or as the spouse who makes the payments. If you are receiving spousal support after your previous marriage, you should understand how marriage may affect your ability to continue receiving alimony.
Generally, alimony ends when you remarry or move in with a romantic partner, which means that—with remarriage—you would forego your alimony. Often, alimony is intended to help the recipient get the training or education he or she needs to become financially independent, and if you remarry, it may mean letting this opportunity slip away.
If You Remarry as the Recipient of Alimony
If you receive alimony and you choose to remarry, your ex’s alimony obligation will end automatically. You are responsible for informing your ex about your remarriage.
In other words, your ex won’t need to petition the court for a modification as would be required in response to any other significant change in circumstances. This law means that your new marriage will reduce your personal income by the amount of your alimony, which may be reason enough to wait to marry until your alimony terms have expired.
Generally, alimony is set only for an amount and duration that supports the recipient’s ability to become more financially independent through further education or the acquisition of job skills. Waiting until your alimony terms have ended before remarrying may be the way to go – unless the marriage improves your financial standing to a degree that offsets your alimony income.
This determination must be made in the context of your unique situation, and a trusted Round Rock divorce attorney can help you make the right decisions for you – given your exact circumstances.
If You Cohabitate
If you receive alimony and are considering marriage, you may want to table the idea until your alimony terms end. While you could choose to live together rather than marry, you should know that doing so can also affect your alimony.
Living together as romantic partners amounts to a significant change since your alimony order was handed down, and your ex can seek a modification that could end your alimony terms.
This decision comes down to another balancing act – living together is less costly than living separately, but you’ll have less income coming in if your alimony ends. The amount of alimony income you’ll lose is likely to be the deciding factor in this scenario – unless your new household income makes up for the loss.
If You Pay Alimony and Your Ex Remarries
If you pay alimony and your ex remarries, your obligation ends automatically, and your ex is responsible for letting you know. Further, you can seek reimbursement for any payments you made after your ex’s remarriage.
Finally, if your ex is living with a romantic partner in a “permanent manner – or in a situation that amounts to a marriage – you can seek a modification to end your alimony obligation. Whether your ex’s cohabitation with the other person qualifies is up to the court.
Child Support
Many people have concerns about how remarriage will affect their child support terms, but it generally doesn’t have much of an effect – other than indirectly in some cases. Child support is calculated according to predetermined state guidelines, and the primary concerns are the amount of parenting time each parent receives and each parent’s income.
Even when divorced couples split their parenting time equally, the higher earner is very likely to make the child support payments. This pattern is because child support represents each parent’s financial obligation to the children in relation to individual incomes.
Remarriage for Either of You
Remarriage is unlikely to make a significant difference in the personal income of either spouse, which means it probably won’t affect child support. Remarriage is also unlikely to affect the balance of parenting time between exes, but if it does, it could potentially warrant a child support modification. Consult with a divorce attorney to discuss your specific circumstances.
Having Another Child
While you obviously needn’t be married to have another child, doing so can affect your current child support terms. The court takes a wide range of factors into consideration when making child support modifications, and one of these is how many children each parent is responsible for supporting.
If either parent has an additional child he or she is responsible for supporting who isn’t subject to the current child support order, an income credit will be assigned that can support a modification.
A modification will only be made, however, if doing so doesn’t interfere with the best interests of the children covered by the order. In other words, it’s complicated. As such, it's always in your best interest to have skilled legal guidance backing you up.
Child Custody
As for child custody, remarriage itself does not affect a 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.
Another common situation that affects child custody is when your remarriage or your ex’s remarriage involves moving away with the children.
The primary custodial parent – with whom your children spend the majority of their overnights – has the right to determine where they make their primary residence, but this is only within the mileage limitation set by the court. If remarriage means moving outside of this limitation, it can support a parenting time modification.
The Best Interests of Your Children
Texas courts are interested in the best interests of the children when it comes to making decisions that directly affect them. This concern generally means ordering parenting time that affords children a considerable amount of time with each parent on a consistent basis.
Your ex’s decision to pack up and move with your children will need to be approved by the court, which requires him or her to demonstrate that the move is in your children’s best interests to the degree that it offsets the losses involved.
When Long Distance Moves Are Likely to Be Approved
A move-away modification may be approved in response to a new relationship or marriage – but only when the other parent’s visitation rights can be adequately addressed. These other factors could also bolster a parent’s position on moving away:
The move is for a higher-paying job.
The move is closer to members of the children’s extended family.
The move affords the children enhanced opportunities, such as if they have special education or healthcare requirements.
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.
Your Children’s Emotional Well-Being
Often, children are hit the hardest by divorce. On top of their divorce-related stress, a stranger playing the role of a parent is almost always stressful for children. Therefore, you should make sure that your children are emotionally prepared for your new marriage after a recent divorce before moving forward with your plans.
Your Own Emotional Health and Personal Needs
It is 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.
Share your feelings with a trusted friend, loved one, or counselor to ensure that you are emotionally prepared for a new marriage. This step will help you make your decisions based on what is best for you and your children.
A Prenuptial Agreement
If you have decided to get married again, you might want to consider creating a prenuptial agreement to protect your rights. Prenups may be viewed negatively, but if you’ve already been through a messy divorce, you probably understand the importance of prenuptial agreements.
A prenuptial agreement spells out your financials as you and your partner enter into marriage and can help you better understand how those financials will be disentangled if your marriage does not last. Many couples find that their prenuptial agreements serve as an essential reminder of how important it is to maintain a healthy marriage.
A prenup is especially important in a second marriage, which generally involves larger and more complicated assets. A prenup can be used to outline the property you owned before the marriage and ensure that you can keep it separate from marital property.
In addition, if you have children from another marriage, a prenuptial agreement can help ensure that you protect their inheritance. Your prenuptial agreement augments your estate planning efforts so that if you die with a valid prenuptial agreement in place, it will secure the distribution of your estate in the manner you delineate in the prenup.
A prenup can also have benefits for your soon-to-be spouse. If you have an excessive amount of debt that you do not want to fall to your spouse upon your death, a prenuptial agreement can help you with that. However, the debt that you and your spouse acquired together as a married couple and that is in both of your names cannot be addressed in a prenuptial agreement.
When considering a prenup for a second marriage, consider the following limitations of prenuptial agreements:
A prenuptial agreement cannot address child custody arrangements or child support in the event of a divorce unless it specifies an amount that exceeds Texas's child support calculation.
A prenuptial agreement cannot include terms that are not legal.
A prenuptial agreement cannot deprive a spouse of pension rights.
When there is very little time between the signing of the prenup and the marriage, it can be interpreted as coercive, which decreases the contract's legal integrity.
A prenuptial agreement cannot predict the future. A lot can change over the course of your marriage, so you may need to revisit your agreement down the line.
Tying up Loose Financial Ends
In order to avoid future complications, you and your ex should go through your divorce financials and make sure that you have removed each other from accounts that are no longer relevant to both of you. In other words, change your beneficiaries, modify your mortgage appropriately, take care of your joint bank accounts, and make sure everything is in order before your remarriage.
Can You Waive the 30-Day Waiting Period to Get Remarried?
Texas family law imposes no limit on how many times you can remarry in your lifetime. The only requirements for remarriage are that you must be officially divorced from your previous spouse and you must wait 30 days before remarriage.
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 is not possible to waive the waiting period unless your case meets specific requirements. You may be eligible to waive the 30-day waiting period if you or your future spouse will be in any of the following situations during the waiting period:
Undergo surgery for a serious medical condition before the waiting period expires
Be deployed for military service before the waiting period ends
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 together 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 skipping the waiting period to seek remarriage, consult with a Round Rock divorce attorney to protect your rights and ensure that you can get remarried without having to wait the mandatory 30 days.
Speak with a Round Rock Divorce Attorney
It is highly advised to consult with an experienced Round Rock divorce attorney to understand your rights and obligations when seeking remarriage in Texas. In addition to the mandatory waiting period, there are many other things that you need to consider before getting married after a divorce, and having a skilled attorney on your side can help.
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 us at (254) 781-4222 or contact us online to get a FREE case review.