Are you considering getting remarried in Texas? Have you heard that there are restrictions about how soon you can remarry? This blog post outlines the Texas laws governing remarriage after a divorce.
The laws governing remarriage in Texas have remained unchanged for decades. Before January 1, 1970 (back before Texas allowed no-fault divorce), if your divorce was granted on the grounds of cruel treatment, neither party could remarry for at least 12 months. Effective January 1, 1970, anyone obtaining a divorce in Texas must wait at least six months before getting married again. A party to a divorce could get the 6 month period waived for good cause. The parties to the divorce could remarry each other at any time.
Effective January 1, 1974, the Texas legislature reduced the waiting period to 30 days. This follows the Texas rule that a divorce may be reopened within 30 days of the final order by either party. If you do get married before the 30 day period has expired, your marriage is voidable, which means that your ex-spouse can challenge its validity. Divorcing spouses may still remarry each other at any time.
There are circumstances where you can request a waiver of the 30 day waiting period. Under Section 6.802 of the Texas code, the court may waive the prohibition against remarriage for good cause shown. This may include circumstances where one of the parties is seriously ill, or one of the parties is scheduled to take a permanent duty reassignment in another part of the country or the world.
Contact the Law Offices of Pfister Borserine & Associates
At Pfister Borserine & Associates, we bring two decades of experience to people throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We have the experience to know that every case is unique, and that the strategy that works for one client may not meet the needs of others. We can help you protect your rights in court, or can work with you to resolve your family law differences through alternative means, including negotiated settlements or mediation.