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How long should I wait before I can remarry?

On Behalf of | Mar 29, 2023 | Divorce

Sometimes, divorce is merely a formality for former spouses. There are times when ex-partners decide to live separately and later on proceed with the divorce. During the separation period or even the divorce proceeding, a party can meet someone new they want to marry. So, what does the law say about remarrying right after divorce?

The waiting period

Under Texas laws, a newly divorced individual can remarry a new person after 30 days from the finality of the divorce. The reason behind the 30-day waiting period is that during this window, the parties may still file an appeal or a motion for a new trial which will extend the case.

Are there exceptions?

Yes, it is possible for the court to waive the 30-day waiting period. A party can request to waive the period under the following circumstances:

  • If one of the parties to the new marriage is bound for service deployment before the end of the 30 days
  • If one of the parties to the new marriage has a serious health condition and is due for surgery before the end of the waiting period
  • If one of the parties will be permanently reassigned to another country before the end of the 30-day period
  • If the ex-spouses have been separated for years and have not seen each other before the divorce

It is good to note that there is no assurance that the judge will waive the waiting period. The decision will still be based on each case’s unique facts and circumstances.

Failure to follow

If a party disobeys the rule and marries a new person before the end of the 30-day period, there is a risk of the court declaring the new marriage void. This might cost the party more in fees than if they had waited for the period to end.

It is one’s right to marry or remarry but one should do it within the bounds of the law. Knowing the rules on remarriage after divorce can help parties avoid further issues.