How Soon after Divorce Can You Remarry in Texas?

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Brett Pritchard Law

Updated on August 24, 2022

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.

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 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

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.

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.

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. If you had a messy divorce, you probably understand the importance of prenuptial agreements.

A prenup is especially important in a second marriage (especially a second marriage that involves children) because it can be used to outline the property you owned before the marriage and ensure that you can keep it separate from marital property.

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:

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

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

  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 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.

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