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How Soon After Divorce Can You Remarry in Texas?

At the end of a relationship, some ex-spouses need time to evaluate their feelings and future relationship goals and cannot move into a new relationship for some time. Others are ready to rebuild immediately and want to move forward with their next life chapter and marry a new partner in that journey. How soon after divorce can you remarry in Texas?

30-Day Waiting Period

A man and a woman flirt with one another in an office If you are ready to move on with your life and commit to a new partner, you may be shocked to learn that Texas law does not allow you to get remarried immediately following a divorce. Texas has a 30-day waiting period. You must wait 30 days after a judge finalizes your divorce before you can remarry. On day 31, you are legally allowed to marry again. However, Texas also has a 72-hour waiting period between getting a marriage license and a wedding ceremony. Technically, the soonest you can remarry is 30 days post-divorce plus 72 hours post obtaining a marriage license.

The 30-day waiting period ensures both parties have time to file an appeal with the court once a judge finalizes a divorce. An appeal allows individuals to challenge the terms or outcome of the divorce. Both have 30 days to appeal a judge’s decision. The 30-day remarriage waiting period coincides with this appeal period. After that time has passed, both former spouses can be confident that the divorce terms will not change.

Exceptions and Waivers to the 30-Day Rule

As in most cases, there are some exceptions to the rule. If you change your mind and want to remarry the partner you just divorced, there is no 30-day waiting period requirement.

Texas law also gives the court the power to waive the 30-day waiting period for remarriage with good cause. Some of the specific instances where the court may grant a motion to waive the 30-day waiting period include:

When the military plans to deploy the future spouse before the waiting period ends
When you or your future spouse will be reassigned to permanent duty overseas before the waiting period ends
When you or your future spouse is scheduled to undergo surgery or medical treatment for a significant injury or illness before the waiting period ends
When the divorcing partners have been separated or have not lived together or seen each other for several years before the divorce

A Texas judge reviews the specific circumstances of a case and has the discretion to determine whether waiving the remarriage waiting period is appropriate. You can increase your chances of obtaining a favorable outcome by seeking the help of an experienced Dallas family law attorney.

Consequences of Remarrying Too Soon

It is never in your best interest to subvert the Texas remarriage waiting period. While you may be ready to commit to your new partner, getting married again before the waiting period expires can open you up to significant consequences and legal issues.

First, if you marry a different individual before the 30-day waiting period and without a waiver from the court, your new marriage may be considered void, meaning it is not valid or legally binding. Your ex-partner can challenge your new marriage and create legal headaches for you and your new partner.

Remarrying soon after divorce can also cause other complications with divorce settlements. Remember, sticking to the 30-day waiting period reassures spouses that their divorce terms remain intact and do not change. Remarrying too soon can complicate your situation because if there are material changes in your assets from remarrying, your soon-to-be ex-spouse can question whether these assets are subject to community property division. Does that mean this property is subject to community property division? Not necessarily, but your ex-spouse can challenge the divorce terms and complicate the legal landscape for you and your new partner. This tactical maneuver may be especially useful for your ex in high-asset or high-net-worth divorce cases.

Impacts of Remarriage

Remarriage can significantly complicate family dynamics, especially when children are involved. Children may not understand how one parent can move on from the other parent so quickly or why their family situation changes significantly and in confusing ways. Communicating with children and other family members during this challenging time is essential to help build strong relationships and help kids cope with sudden changes.

Remarrying too soon can also mean changes in your financial situation and obligations. You may lose spousal maintenance or spousal support. Remarriage can potentially impact child custody rights if the new union is not in the best interests of the child or the new spouse has a history that may make them unsuitable to interact with a child, for example, a history of abuse, neglect, or domestic violence.

While remarriage does not necessarily mean an immediate change in the condition of a child support arrangement, understand that a former spouse can use a change in your financial status due to remarriage as an opening to seek a court-approved child support modification.

Finally, going through a divorce may result in your decision to secure a prenuptial agreement with your new spouse. Before you remarry or sign a prenuptial agreement with a new spouse, seek help from a skilled Dallas family law attorney who can review the legal implications of your situation.

Contact a Dallas Divorce Attorney Today

You may be ready to enter a new marriage, but the Texas legal system may not always allow remarriage as quickly as you would like. It is in your best interest to wait to marry a new partner until you consult an experienced family law attorney with Balekian Hayes, PLLC, who can help you manage the challenges of divorce and remarriage in Texas.

If you are engaged in a divorce but are already looking forward to starting a new life with a new partner, contact a Dallas divorce attorney from our firm today. Let us help you prepare for and manage the changes you anticipate in your life.

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