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Remarrying After Divorce: The 30 day Waiting Period in Texas

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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” by the new spouse and may be challenged for a period of time, and may then be ruled null and void.
In most cases, people can and do wait until at least day 31 to tie the knot again and that is highly recommended in order to prevent any problems from either the new spouse or the ex spouse.
As far as the “ex” spouse, what might they do if you remarry too soon?  Well, 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.  The ex may be upset by the new marriage happening so quickly and might then look over the divorce very carefully, to see if they can find any reason to reopen the divorce within that 30 day period.  Not exactly the best way to start a new marriage, is it?!
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 and it may be able to be done at the final divorce hearing by the same attorney who is handling the divorce for you.  A few common situations in which that might be a good idea: 1) one party to the marriage is going to be deployed into the service and is leaving soon; 2) one party is having a serious health issue, or facing surgery; 3) one or both people are being relocated or stationed out of the country soon; 4) the divorcing spouses haven’t seen each other or lived together in many years prior to the divorce.

 

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.  If you feel that you can’t do that, consider getting a judge to waive the 30 days.  To calculate 30 days from a specific time, use an online date calculator.  

Please note: We do not answer emails about specific situations.   If, after reading this blog, you still have questions you are advised to seek the advice of a Texas Family lawyer. We are happy to do a consult by phone regarding Texas law if you choose us.   Please note that there will be a charge for that consultation. Thank you for reading our blog! 

“Kalish Law Office: Passionate, Personal, and Professional. We Make the Difference. Since 1984”.

“Passionate, Professional and Personal. We Make the Difference.” Kalish Law Office has been serving businesses and families since 1984.

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