Can You Remarry After a Divorce in Texas?

The decision to remarry following a divorce in Texas varies among individuals, with some opting not to pursue another marriage while others actively seek new love. The speed at which individuals find new love varies, however, there are instances where individuals seek to enter into a new marriage immediately after finalizing their divorce. Many individuals seek to embark on new life adventures with their newfound love and are eager to move forward with their lives after the finalization of their divorce. You may be wondering, “How long after a divorce in Texas can you remarry?” You must wait a full 30 days after a Texas judge finalizes your divorce before you can remarry in Texas.

For those who have finalized their divorce, completed the proceedings, and are contemplating remarriage, timing becomes a crucial question. When individuals in Texas wish to marry, especially if one or both partners are freshly divorced, legal nuances come into play. Questions arise regarding the timing of remarriage post-divorce, including how soon after the finalization of the divorce proceedings, a new marriage can take place. Some divorces may take years, in which an individual may have already dated and found another person they have fallen in love with. Understanding the legal stipulations surrounding remarriage timelines in Texas is essential for those embarking on this new chapter of their lives, ensuring that they proceed with clarity and compliance within Texas’ legal framework.

If you are searching for a family law attorney for men or a fathers rights attorney near me to discuss the divorce waiting period in Texas, contact Eric M. Willie, P.C., at (512)478-0834 for a Free Consultation.

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Divorce Waiting Period In Texas

Many couples deciding to divorce often hope for a swift resolution and divorce process to end their legal proceedings. However, there is a mandatory divorce waiting period of 60 days before a divorce can be finalized and must be adhered to unless there are extenuating circumstances. Once the divorce petition is filed with the District Clerk, the couple must wait at least 60 days before their divorce can be finalized. This waiting period, as defined by Texas Family Code Sec. 6.001., can sometimes be frustrating for those eager to end their marriage and move on to the next chapter of their lives. Still, it is an established legal requirement that is required due to various reasons.

Why Is There A Divorce Waiting Period In Texas?

Couples seeking a divorce must adhere to a mandatory waiting period in Texas before their marriage can be legally dissolved. This waiting period is part of the state’s legal framework surrounding the divorce proceedings and is designed to ensure certain considerations are met before finalizing the separation. While it extends the process and can cause frustration for those involved, there are several reasons why it is mandatory.

Emotional Cooling-off Period – The divorce waiting period in Texas aims to reduce the emotional intensity often associated with divorce. It gives both parties a chance to step away and stabilize their emotions, as well as approach the process with more clarity and composure. This can lead to more constructive divorce negotiations and a smoother transition for everyone involved, especially children.
Reflection on Decision – The primary reason for the mandatory divorce waiting period in Texas is to give both parties time to consider their choice to end their marriage. Divorce is a major life event with profound emotional, financial, and practical implications. The waiting period allows estranged couples to reflect on their decision and make sure that it is truly what they want.
Preparation for Legal Proceedings – Another critical reason for the waiting period is to ensure that both parties have enough time to hire a Texas divorce lawyer and prepare for the complexities of divorce proceedings. Divorce involves handling intricate legal and financial matters, including:
- Property division
- Spousal support
- Child custody

By requiring a 60-day waiting period, Texas ensures that both spouses can gather the necessary information, consult a Texas divorce lawyer, and organize their affairs effectively before appearing in court.

Potential for Reconciliation – The waiting period also provides couples who decide to divorce with an opportunity to work on their relationship issues and potentially reconcile, which would end the divorce process. Relationships often go through ups and downs, and a temporary separation, or sometimes attending couples therapy, can sometimes help couples reassess and mend their bond. Texas mandates this waiting period to allow space for such possibilities, to make sure that couples are making the best decision, as well as prevent a back-up in the courts.

Texas’s mandatory divorce waiting period serves multiple purposes, in an effort to make sure that separating spouses are both prepared for the divorce process and certain this is the decision they wish to pursue.

Are There Exceptions To The Divorce Waiting Period In Texas?

While the standard waiting period for divorce is 60 days in Texas, there are certain exceptions, primarily concerning cases that involve domestic abuse according to Texas Family Code Sec. 6.702. These exceptions recognize the urgent need for protection and can expedite divorce proceedings in situations where a spouse’s, or their children’s safety and well-being are at risk.

Conviction or Deferred Adjudication for Family Violence – If a spouse has been finally convicted of or received deferred adjudication for an offense involving family violence, such as domestic abuse, against the petitioner (the spouse who requested the divorce) or a member of the petitioner’s household (such as children), the court may waive the waiting period requirement to ensure a speedy divorce process.
Active Protective Order or Magistrate’s Order for Emergency Protection – The 60-day divorce waiting period can also be waived if the petitioner has an active protective order under Title 4 of the Texas Family Code or an active magistrate’s order for emergency protection under Article 17.292 of the Code of Criminal Procedure. This exception to the divorce waiting period applies when the order is based on a finding of family violence committed during the marriage by the respondent.

These exceptions to the Texas divorce waiting period recognize the urgency of protecting individuals from ongoing domestic violence and aim to speed up the divorce process in situations where safety concerns are at the forefront of divorce requests.

Contact an Experienced Austin Divorce Lawyer Near You

If you are searching for an Austin divorce lawyer near you to discuss the divorce waiting period in Texas, contact Eric M. Willie, P.C., at (512)478-0834 for a Free Consultation.

For personalized guidance on navigating the intricacies of remarriage and the divorce process in Texas, don’t hesitate to reach out to the attorneys at Eric M. Willie, P.C. Our team is here to address any questions or concerns you may have regarding your unique circumstances, including remarrying after divorce. Whether you’re seeking clarification on the waiting period for remarriage in Texas or require assistance with divorce proceedings, we’re committed to providing tailored legal advice to help you move forward confidently and legally. Contact us today to schedule a consultation and ensure you’re equipped with the information and support you need as you embark on this new chapter of your life.

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