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How Soon After Divorce Can You Remarry In Texas

WRITTEN BY KIRKER DAVIS, BY CHRIS KIRKER

How Soon After Getting Divorced Can I Remarry Again?

Texas requires a 30-day waiting period after the issuance of a divorce decree to remarry. The Texas Family Code 6.801 requires a waiting period since each spouse has the right to appeal the decision within 30 days of its issuance. In other words, the 30-day waiting period ensures that the divorce is finalized before allowing a former spouse to remarry. However, the judge can waive the 30-day waiting period if he or she finds good cause to do so. Texas Family Code 6.802

  • Waiting Period: The court counts the 30 days from the date the judge signs the divorce decree.
  • Purpose: This waiting period ensures that the court resolves any appeals and finalizes the divorce process.
  • Consequences: If you attempt to remarry during any part of the 30-day period, the court may void your marriage, making it as if the marriage never occurred.

Some exceptions to this 30-day waiting period:

  • Reconciliation: If the couple has rekindled their relationship and wishes to remarry.
  • Serious Health Issues: If urgent surgery is required before the waiting period concludes.
  • Permanent military reassignments: If the reason you want a waiver is that you need to move for duty assignment, then the court may consider that acceptable.
  • Exceptional Circumstances: Other unique situations, such as urgent family emergencies, may also result in the court granting a waiver.

If you completed your divorce within the last 30 days, you need to present a certified copy of your final divorce decree that shows the court waived your waiting period.

Get In Touch With a Divorce Lawyer

It is important to note that remarrying during the 30-day waiting period without a waiver renders the new marriage void. Texas Family Code 6.109(a)(1). The law treats a void marriage as though it never existed and does not require court intervention to invalidate it. For this reason, it is essential to either wait the 30-day period or receive the waiver to remarry immediately after a divorce. 

The process of finalizing a divorce and remarrying can be complex and requires expert knowledge of the law. If you have any questions about remarriage after a divorce, please contact one of the divorce lawyers in Austin TX from Kirker Davis attorney.

 

Chris M. Kirker

Christopher M. Kirker is a Partner and Trial Attorney at Kirker Davis for complex family law litigation, primarily high-net-worth Texas divorce, custody, division of property, business ownership litigation, and trial consulting.

Education: Baylor University School of Law, cum laude, J.D. (2010)
Years of Experience: +13 years
Justia Profile: Christopher M. Kirker

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Co-founding Partner, Chris Kirker who has more than 20 years of legal experience as a family lawyer.

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