How Long After Your Divorced Can You Get Married
In Texas, there is a 30 day waiting period after a divorce before the parties that are divorced can marry a new person. You can get married to a new person on the 31st day. During the 30 day waiting period, the court that issued the final decree of divorce retains plenary power which makes it possible for the parties to file an appeal or a motion for a new trial. However, this waiting period does not exist if the same parties that divorced want to remarry. Talk to an experienced divorce attorney if you want to file an appeal or a motion after a judge has issued a final decree of divorce.
You Can Waive The Divorce Waiting Period
It is possible for either of the divorcing parties to marry a new person by asking the judge to waive the 30 day waiting period. A family law attorney can help you file a motion to request the judge to do so. A judge can grant a waiver of the 30 days if:
- One of the parties is going to be deployed into the service as is supposed to leave before the 30 days expire
- One of the parties has a serious health issue and is due for surgery before the 30 day waiting period expires
- One of the parties is facing a permanent duty reassignment out of the country
- The divorcing parties were separated or had not lived or seen each other for many years prior to divorce
Defying The 30 Day Waiting Period
Defying the law under any circumstances is never a wise move. A divorced person that marries a new person before the 30 day waiting period expires and without filing a motion for waiver of the 30 day period, risks having the marriage declared void. A void marriage is an invalid marriage or a marriage that is unlawful. Once a marriage is declared void it is like the parties that got married were never married to begin with. It’s better to wait until the waiting period is over if your divorce was contested or bitterly fought, because remarrying too soon can cause your ex to go over your divorce to find any reason or excuse to reopen the divorce before the 30 days expire.
Why You Need An Experienced Divorce Lawyer
You need to consult an experienced Texas divorce lawyer to help you tie up any loose ends so that you can lower the chance of your divorce case being reopened during the 30 day waiting period. There is no legal requirement to hire a lawyer, but only an experienced lawyer can give you expert advice, help you avoid mistakes and delays, and help reduce stress connected to the divorce. Your lawyer will fight for your best interests in every divorce matter including child support, spousal support, property division and more. Even if you and your spouse agree on all these issues, you still need a lawyer to ensure that your agreement is legal and binding.