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Getting Remarried after a Divorce in Texas

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If you’ve been through a divorce and you’re thinking about getting married again, you need to understand Texas laws governing how long you must wait before remarriage. This blog post sets forth some of the restrictions in Texas for marrying again after a divorce.

Before January 1, 1970 (before no-fault divorce became legal in Texas), if the stated reason for your divorce was cruel treatment, neither party could remarry for at least 12 months. Effective January 1, 1970, you had to wait at least six months after a divorce before getting married again in Texas, though the 6 month period could be waived for good cause. There was no mandatory waiting period for persons wanting to remarry each other (who have been married to each other before).

Effective January 1, 1974, the Texas legislature lowered the waiting period to 30 days, consistent with the Texas rule that a divorce may be reopened within 30 days of the final order by either party. If a person gets married before the 30 day period has expired, the 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.

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At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online . We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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