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How Soon After a Divorce Can You Remarry in Texas?

How Soon After a Divorce Can You Remarry in Texas?

Getting divorced can be a long and difficult process. Once it’s finalized, you may feel ready to move on and start a new relationship. But how long do you really need to wait before getting remarried in Texas? Here’s what you need to know:

The 30-Day Waiting Period

According to Texas state law, there is a mandatory 30-day waiting period after your divorce is finalized before you can legally remarry. This is to allow for an appeal period in case either spouse wants to contest the divorce for some reason. So if you get remarried too soon, your new marriage could potentially be considered invalid [1].

Your divorce is considered final on the day the judge signs your divorce decree. The 30-day clock starts ticking from that date. So you’ll need to wait the full 30 days from the judge’s signature before tying the knot again, even if you and your ex have technically been separated for months or years [2].

Getting the Waiting Period Waived

There are some circumstances where you can get the judge to waive the 30-day waiting period. This may be possible if:

  • You or your ex are pregnant and want to remarry before the child is born
  • One of you is serving in the military and will soon be deployed
  • One of you has a serious or terminal illness

However, you’ll need to prove these circumstances and get the judge’s approval. You should hire a divorce attorney to help argue your case for getting the waiting period waived [3].

What If You Remarry Too Soon?

If you don’t wait the required 30 days and remarry prematurely, your new marriage may be considered void or voidable. This means it could potentially be annulled as if it never happened. Some of the risks include:

  • Loss of certain post-divorce benefits or protections
  • Complications with child custody or support
  • Loss of rights to marital property division
  • Invalidating any prenuptial agreement with the new spouse

To avoid these headaches, be patient and wait out the 30 days if at all possible. Or speak to a lawyer about your options for getting the waiting period waived [4].

Other Post-Divorce Considerations

Aside from the waiting period, there are other factors to consider before remarrying after a Texas divorce:

  • How will remarriage affect any child custody, visitation, or child support orders from your previous marriage? You may need to go back to court to modify the orders [5].
  • Could remarriage impact your eligibility for spousal maintenance from your ex? Talk to your divorce lawyer [6].
  • If you have a prenuptial or postnuptial agreement with your ex, how might remarriage affect the division of assets?
  • How might marrying impact any debts or financial obligations from your previous marriage?

Navigating the legal complexities of remarriage after divorce can be tricky. Consult with an experienced Texas divorce attorney so you can enjoy your new chapter without complications.

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