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 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.


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Do I Have To Wait A Long Time To Get Remarried In Texas?

The process of remarrying after divorce involves adherence to a standard Texas divorce rule that stipulates that a divorced individual must wait a mandatory 31-day period from the day the divorce is finalized. This waiting period is outlined within Texas Family Code Sec. 6.801. According to Code Section. 6.801, neither party to a divorce may marry a third party before the 31st day following the date the divorce is decreed unless otherwise specified by the subchapters in the code. This legal qualification underscores the importance of adhering to Texas divorce laws pertaining to the remarriage process in Texas with diligence and awareness of statutory requirements. Adherence ensures legal compliance and clarity as individuals embark on new chapters of their lives.

Do I Have To Wait 31 Days To Remarry The Person I Divorced?

In certain cases, divorced spouses find themselves rekindling the flame of their relationship and a desire to remarry each other becomes evident. People who have recently divorced may find themselves drawn back to each other for several reasons. Shared history and familiarity often create a strong bond that is hard to sever completely, leading to a desire to reconcile and rebuild, rather than start their lives over again. Additionally, the challenges and lessons learned from the marriage they choose to end may motivate individuals to approach the relationship with newfound understanding and commitment. This often results in both spouses seeking to address past issues and create a stronger foundation for the future. Emotional connections and shared experiences may also reignite feelings of love and companionship, encouraging couples who are going through a divorce to consider remarrying as they realize they cannot live without each other.

Under Texas Family Code Sec. 6.801 (b), these couples are granted a unique exemption from the mandatory 31-day waiting period that is typically required for remarriage after divorce. Upon the finalization of their divorce, they have the freedom to promptly remarry each other. This provision in the Texas Family Code acknowledges the complexities of human relationships and allows for the possibility of reconciliation between former spouses. Such exceptions provide a legal pathway for divorced couples who have rediscovered their love and wish to formally remarry. This allows couples a second chance at happiness while also being legal.

Penalties For Not Waiting 31 Days After A Divorce To Remarry

Failing to abide by the mandatory 31-day waiting period for remarriage after divorce in Texas can result in significant legal consequences. If a divorced individual enters into a new marriage before the waiting period has concluded, the marriage runs the risk of being declared void. A void marriage holds no legal validity, and in legal terms, it’s as if it never the marriage never occurred in the eyes of the law. Consequently, the couple forfeits the many benefits associated with marriage, including joint tax filing, spousal privileges, and inheritance rights. It is important to respect the waiting period, especially in cases of contested or acrimonious divorces, as rushing into remarriage may prompt the ex-spouse to scrutinize the divorce terms. When an ex-spouse chooses to scrutinize the divorce terms due to the other ex-spouse not following the waiting period, it may be grounds to reopen the case before the 30-day period concludes. Refraining from remarrying until the waiting period expires ensures legal compliance and safeguards against potential complications or challenges arising from premature remarriage.

Are There Exemptions To The 31-Day Waiting Period?

To seek exemption from the standard 31-day waiting period before remarriage in Texas, either party involved in divorce proceedings can petition the judge for a waiver of exemption. With the assistance of a family law attorney in Austin, individuals can file a motion requesting the judge to consider such an exemption. A waiver may be granted under specific circumstances, including

  • In cases where a serious health issue necessitates urgent surgery before the waiting period concludes.
  • If one party is scheduled for military deployment before the 31-day period lapses.
  • When one party faces a permanent duty reassignment overseas.
  • In situations where the divorcing parties have been separated or lived apart for an extended duration before initiating divorce proceedings.

Contact an Experienced Austin Divorce Lawyer Near You

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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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