Not all marriages are not meant to last. And, since that is the reality, there are situations in which divorce is necessary. Many people who get a divorce end up finding someone else special. And often they can start over and even remarry.
However, divorce laws and regulations in the United States vary a bit from state to state. And the same applies to remarriage. If you want to remarry, you may have to wait after your divorce is finalized.
In this article we’ll take a look at how this works in the state of Texas. Below you’ll find the answer to the question “how long after a divorce can you remarry in Texas?”
You’ll find out how long you’ll have to wait and if there are ways to get around that waiting period. You’ll also learn what can happen if you don’t wait long enough before you remarry.
How Long After A Divorce Can You Remarry In Texas?
In the state of Texas, you will have to wait one month (a full 30 days) before you can get remarried after divorcing your spouse. Your divorce is official when the judge signs the official divorce decree.
The quickest you can get a divorce in Texas is in 61 days. That is if everything goes smoothly and you and your soon-to-be ex-spouse agree on everything. If that happens, that means from the day you file for divorce, the soonest you can possible remarry is in 92 days, or about 3 months (61 days from filing + the 30 day waiting period after the divorce is official).
On the 31st day after that you get your divorce decree, however, you are free to remarry to a new person. The reason there is a 30 day waiting period is that, after a divorce is final in Texas, each party has 30 days to file an appeal. This is so both parties in the divorce are sure that the terms of the divorce will not change.
How to Waive the Waiting Period For Remarrying in Texas
You or your spouse can also waive the 30-day waiting period. If you plan on remarrying another person after the divorce and during the 30-day waiting period, you can ask the judge to waive it.
We recommend you do this with the help of a divorce attorney.
Conditions for Waiving the Waiting Period
However, the judge will only grant the waiver for certain situations. The judge will typically waive the 30-day waiting period if:
- One of the parties is to be deployed into the service and has to leave before the waiting period expires.
- One of the parties has a severe health issue and requires an operation before the waiting period expires.
- Either you or your new spouse is facing a permanent duty reassignment out of the country.
- You and your ex are not living together or have been separated for a long time before the divorce process began.
What if Your Remarry in Texas Before the Waiting Period Ends?
So, what if you defy the 30-day waiting period and remarry as soon as you divorce?
Remarrying during the 30-day waiting period without filing for a waiver risks the new marriage. It may become void. A void marriage is not accepted in the eyes of the law.
It is also known as an unlawful marriage. A void marriage will not be considered in the eyes of the law.
So it is best to wait for the 30-day waiting period to expire before remarrying.