Texas requires a 30-day waiting period after the issuance of a divorce decree to remarry. Texas Family Code 6.801. Texas requires a waiting period since each spouse has the right to appeal the decision within 30 days of its issuance. In other words, the purpose of the 30-day waiting period is to ensure the divorce has been finalized before allowing a former spouse to remarry. However, the 30-day waiting period can be waived if the judge finds good cause to do so. Texas Family Code 6.802.
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). A void marriage is treated as though the marriage 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 a Kirker Davis attorney.
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)
Chris M. Kirker
Years of Experience: +13 years
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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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