Remarrying after a divorce is normal, something that divorce attorneys find many of their clients do sooner or later after they’ve entered a new relationship.
If you’re recently divorced and have been involved in a new relationship already and wish to get married, you can do that very easily in Texas as long as you fulfill a mandatory waiting period.
Texas 30-Day Remarriage Waiting Period After Divorce
Texas family law states that anyone who has recently divorced must wait a period of 30 days from when his or her divorce was finalized to legally remarry.
This law has been in effect since 1970 when the waiting period was reduced from a general 6 months period or even 12 months in certain cases that happened when Texas adopted the policy of no-fault divorce.
Though 30 days may not seem like a long time, some have tried to jump the gun and marry before their waiting period has ended.
Divorce lawyers warn that if you do remarry before fulfilling the waiting period, your marriage will be considered legally void by the state.
What Is the Purpose of the 30-Day Waiting Period?
The waiting period after finalizing a divorce exists to avoid potentially ongoing difficulties with the divorce itself.
Since both spouses retain the right to appeal decisions made during the divorce for up to 30 days, a finalized case could be re-opened if an appeal is made.
Divorce attorneys know that if this were to happen and you had already remarried, the ongoing divorce case could become unnecessarily complicated.
Can the Waiting Period Be Waived?
The 30-day waiting period before you can remarry after a divorce applies almost unanimously after any divorce.
The only circumstances in which divorce attorneys can help you petition to have the period waived appears in Section 6.802 of the Texas family law code and applies to situations such as when a military spouse is about to be deployed across country or to another country or if either you or your new spouse is seriously ill.
These and a few other situations are considered cases of good cause for waiving the 30-day remarrying waiting period.
Talk To Your Divorce Lawyer
If you’ve recently divorced or are in the process and wish to remarry soon after the divorce is finalized, it’s important that you discuss any personal situation with your divorce lawyer to help you interpret this rule.
In most cases, you will be required to wait the required 30 days before you can be legally remarried.
If you have extenuating circumstances where you might be allowed to remarry sooner, your divorce attorney will help you request that consideration from the family court for a decision.
Reynaldo Garza, III - Attorney at Law
680 East St. Charles St, Suite 600
Brownsville TX 78520