How Soon After Divorce Can You Remarry in Texas

In Texas, there’s a mandatory 30-day waiting period after a divorce is finalized before you can legally remarry. This timeframe allows either party the opportunity to file an appeal if needed.

Generally, you may remarry on the 31st day following your divorce decree, but keep in mind that you’ll also need to wait 72 hours after obtaining a marriage license before holding a new ceremony.

There are certain exceptions where the waiting period can be waived — for example, if you’re remarrying your former spouse, facing a medical emergency requiring surgery, being deployed for military service, or being assigned to permanent duty overseas.

To bypass the waiting period, you must file a formal request with the court and present valid reasons supported by documentation. If you remarry before the waiting period is over and without a waiver, your new marriage could be considered invalid.

If you’re unsure about the process or want to request a waiver, it’s wise to speak with a family law attorney who can guide you through the legal requirements.

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.

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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