Husband and wife remarry after learning of the legal ramifications related to how long after a divorce you can remarry in Texas

Texas Law: How Long After a Divorce Can You Remarry?

The legal divorce process is a stressful time for any person. What will your new living conditions look like? How will your financial position be affected after the divorce? How will your children be impacted by the new situation?

As part of the transition to a new life, perhaps you are already planning to remarry once the divorce is finalized. Before you take that next step, though, you need to know how long after a divorce you can remarry in Texas. Otherwise, you risk an annulment of the new marriage.

I’ll further explain how remarriage works following a divorce so that you can avoid creating additional headaches for yourself, your new spouse, and any children involved. I want you to be in the best possible position to start your new life following divorce.

Texas Law Requirements for Remarriage After Divorce

According to the Texas Family Law Code, individuals must wait 30 days following the finalization of a divorce to remarry in Texas.

You cannot be “in the process” of a divorce or waiting for your ex-spouse to sign divorce papers to start the clock. Even if the divorce is finalized in your mind, it is not legally finalized until the presiding judge orders a final divorce decree.

The purpose of this 30-day waiting period is to allow both sides to review and accept the divorce terms. Because a divorce can be emotionally and mentally draining, both parties are afforded a brief period to evaluate what was ordered carefully. Or, there could be new information that presents itself immediately following the divorce that one party was unaware of. Regardless, each party has the opportunity to file a petition if they believe the terms of the divorce are unfair, no longer valid, or unsuitable for their situation.

If one party wants to contest the terms of the divorce, they can file an appeal or even file a motion for a new divorce case within the 30-day waiting period. Filing for a new divorce case is usually the result of material and substantial information coming to light that impacts the original divorce proceeding.

In the event of an appeal or motion for a new divorce case, the original divorce proceedings would need to be re-reviewed. The judge would need to determine the validity of the new request. Depending on what the judge determines, you and your ex-spouse could be required to go through the divorce process again. Or, the judge could dismiss the appeal or motion, setting you on the path to remarriage.

If your ex-spouse does file an appeal or motion, then you will want to work with a family law attorney to help you determine what action to take and how to navigate the legal ramifications. This includes making sure you protect your new marriage.

Avoiding an Annulment For a New Marriage in Texas

It is very important to make sure the 30-day waiting period is completed before officially remarrying in Texas. According to Texas law, a court can grant an annulment of the new marriage if one of the parties was divorced from their ex-spouse “within the 30-day period preceding the date of the marriage ceremony.”

A court could also annul the marriage if there is a violation of another time-bound requirement. According to Texas law, a wedding ceremony cannot occur within a 72-hour window following the issuance of a marriage license.

In other words, once you and your new spouse receive your marriage license, you cannot hold the official wedding ceremony before 72 hours (or three days) has passed. This is because the marriage license does not become official until after this period is completed.

There are exceptions for military service or if a judge grants your request to waive this waiting period. If this is important for your situation, you will want to work with a family law attorney to help you present a compelling case so that the judge will find “good cause for the marriage to take place during the period.”

Work With a Family Law Attorney to Help Successfully Remarry

Texas laws related to the dissolution of marriage cover general divorce-related disputes, including remarriage. However, every divorce and remarriage is unique. That’s why you need expert support to help you work through the legal process and protect your rights.

As a Texas attorney that exclusively practices family law, I understand the ins and outs of the legal process. I’ll help you avoid common post-divorce legal pitfalls and help you present the appropriate arguments if your ex-spouse attempts to file an appeal or motion for new divorce.

My goal is to serve as a legal advocate on your behalf so that you and your family can start a new life on the best possible footing. This includes helping you satisfy all timeline requirements so that you can happily remarry after divorce.

I have helped numerous individuals in Fort Bend County, Brazoria County, and Harris County successfully navigate the divorce process in Texas. If you live in one of these counties, I can help you, too.

Call my offices at 281-944-5485 or 979-267-7660 to discuss your divorce situation. I’m here to help you on the path to remarriage.