Remarrying After Divorce: The 30 day Waiting Period in Texas


Although many states do not require a divorced person to wait before remarrying, the State of Texas does.  There is a thirty day waiting period. During this time, either party to the divorce can appeal the divorce decree and the divorce will be “reopened”.

In addition, if one of the parties decides not to wait the entire thirty day period and remarries too early, the new marriage is “voidable” and may be challenged by one of the parties to it for a period of time.
In most cases, people can and do wait until at least day 31 to tie the knot again.
For those who have had a bitter divorce waiting is especially good advice to prevent potential problems from the “ex” spouse.   Texas is a community property state, so any material change in assets during the 30 day period may cause the “ex” spouse to question whether the property was owned prior to the divorce, or rethink other issues (whether there was fidelity during the marriage), rather than moving on to the future.
In some cases, you can ask to have the 30 day waiting period waived by a judge. A Texas divorce attorney can help you with that.
In short, under Texas law in most situations it is best to hold off until at least day 31 to remarry, even if you and your spouse have lived apart for quite awhile.

To calculate 30 days from a particular date:  Here is a date calculator.

Please follow and like us:

Comments are closed