Waiting Period For Remarriage After a Divorce - The Houston Family Law Blog

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Waiting Period For Remarriage After a Divorce

After going through even a dramatic and distressing divorce, it's possible that you will find another person to love sooner than you may think. However, you can't necessarily just go off and remarry a new person immediately after a divorce.

The Texas Family Code Section 6.801 states that "neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed." Hence, the law requires a 30 day waiting period before a new marriage is possible. This law does not apply to a remarriage between the two spouses named in the divorce. So if both parties agree to re-marry each other again immediately after a divorce, they can legally do so.

But what do you do if you've finalized your divorce and want to immediately marry your pool boy/girl? It's not like there's no reason there should be a waiting period, but as with many things in the law there is a way around it.

For instance, there's a waiver of the prohibition against remarriage. The Texas Family Code Section 6.802 states that courts may waive the 30 day waiting period requirement before remarriage if there's a good cause shown for this requirement to be waived.

What better cause is there than needing to share your finances with the man half your age that swept you off your feet? That might not be it, but there are good causes, the arguments just need to be made to the court.

Most U.S. states do not have any waiting period for remarriage after a divorce. So if you're in an absolute hurry to get married and can't get a waiver approved by the Texas courts, it might be best to look into surrounding states' marriage laws as well as the residency requirements to obtain a valid marriage license.

Perhaps waiting is a good idea. Maybe at some point the whole country will have a waiting period for marriage in general. It certainly couldn't hurt the oft-cited statistic that 50% of marriages end in divorce. Good luck!

October 2012 Editor's Note: This blog post has been updated by John List, Esq. to ensure relevancy of content and that law cited is current.

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