Many people consider the possibility of getting remarried after divorce. For some, this might be an issue that comes up once their divorce is already in the past; for others, it might be a relevant question while their divorce is pending. As an experienced divorce lawyer, Kay Polk, Attorney at Law, gets this question a lot.
In Texas, as in many other states, there are specific legal requirements and waiting periods that must be considered before entering into a new marriage. Understanding these regulations is crucial for individuals navigating the post-divorce landscape. In this blog, we'll delve into the timeline and requirements for remarrying in Texas after a divorce.
Understanding Texas Divorce Laws
In Texas, a divorce is not finalized until the court issues a final decree of divorce. This decree officially dissolves the marriage and outlines the terms of the divorce settlement, including issues such as child custody, child support, spousal support, and division of assets and debts.
It's essential to wait until this decree is issued before considering remarriage, which can take six months to a year after filing for divorce.
Waiting Period
After the final decree of divorce is issued, there is a mandatory waiting period before either party can remarry. In Texas, this waiting period is 30 days from the date the divorce decree is signed by the judge. During this time, either party can appeal the decision or request modifications to the terms of the divorce settlement.
Exceptions to the Waiting Period
In some cases, the waiting period may be waived by the court. This typically occurs in situations where there are extenuating circumstances or urgent reasons for remarrying, such as impending military deployment or terminal illness. However, waiver of the waiting period is at the discretion of the court and is not guaranteed.
Obtaining a Marriage License
Before remarrying in Texas, both parties must obtain a valid marriage license from the county clerk's office. The marriage license is typically valid for 30 days from the date of issuance and must be obtained at least 72 hours before the marriage ceremony takes place. However, this waiting period can be waived for an additional fee.
Legal Requirements for Remarriage
In addition to obtaining a marriage license, there are certain legal requirements that must be met for remarriage in Texas. Both parties must be legally eligible to marry, which includes being of legal age (18 years or older) or having parental consent if under the age of 18, being mentally competent to enter into marriage, and not already being married to another person.
Documentation Needed
When applying for a marriage license, both parties must present valid identification, such as a driver's license, passport, or state-issued identification card. If either party has been previously married, they must also provide documentation of the divorce decree or death certificate of the former spouse.
Divorce Can Be Your First Step Toward Happiness
If you are thinking about being married to someone else one day, getting a divorce is the first step, whether you have a specific person in mind or not. While the divorce process can be challenging, an experienced family lawyer can guide you through each step.
Kay Polk, Attorney at Law, has many years of experience providing such experience. Additionally, she can offer compassionate counsel in terms that are sensitive to your needs during this time. If you wish to learn more about how she can help, we encourage you to reach out to us today.
Contact Kay Polk, Attorney at Law, today to learn more.
