Thursday, January 6, 2011

Remarrying After Divorce: The 30 day Waiting Period in Texas



COMMENTS AND QUESTIONS FOR THIS POST ARE NOW CLOSED. 

Although many states do not require a divorced person to wait before remarrying, the State of Texas does.  There is a thirty day waiting period. During this time, either party to the divorce can appeal the divorce decree and the divorce will be “reopened”.

In addition, if one of the parties decides not to wait the entire thirty day period and remarries too early, the new marriage is “voidable” and may be challenged by one of the parties to it for a period of time.

In most cases, people can and do wait until at least day 31 to tie the knot again.   

For those who have had a bitter divorce waiting is especially good advice to prevent potential problems from the “ex” spouse.   Texas is a community property state, so any material change in assets during the 30 day period may cause the “ex” spouse to question whether the property was owned prior to the divorce, or rethink other issues (whether there was fidelity during the marriage), rather than moving on to the future.

In some cases, you can ask to have the 30 day waiting period waived by a judge. A Texas divorce attorney can help you with that.

In short, under Texas law in most situations it is best to hold off until at least day 31 to remarry, even if you and your spouse have lived apart for quite awhile. 

To calculate 30 days from a particular date:  Here is a date calculator. 


The Kalish Law Office in The Woodlands, Texas has been representing divorce and family law clients for over 26 years.  Contact us at Inquiries@kalishlawtexas.com or 281-363-3700. www.kalishlawtexas.com

164 comments:

  1. Did not ask for 30 day waiver and returned license not processed. Will it be void or how to handle. divorced 3/20 married someone else 3/31 as told was pregnant but not. Do I need to divorce, anull or will be voided

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  2. This can be a very complicated situation and may have more than one option, depending on all of the facts. You need to get a consult with a family law attorney to be sure that you understand all your rights. Even if YOU consider this marriage to be void (or to be valid), the person you married may not agree with you.

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  3. Final decree from TX county court dated 10-1-2012. Appeal is ongoing. does the appeal prevent marriage to a third party until the appeal is complete?

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  4. The answer to this can be a bit complicated. It depends on when the appeal was taken and other factors. We do not recommend that our clients marry during a pending appeal. I would recommend that you have your attorney advise you. Or, if you do not currently have one, have a consult with a family law attorney and let him/her see the paperwork from the divorce hearing and the appeal.

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  5. Lets say you get divorced in Texas, can you go to another state that doesn't have a waiting period and get married before the 30 days?

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  6. It depends on the law of the state where you are going to get married. However, let's say that you go to another state and you do get married and then you return to Texas and find that your first spouse has filed a "Motion for New Trial" on your divorce. It would then be questionable whether your new marriage would be valid at that time. Also your new marriage may be considered "voidable", that is able to be voided (sort of like annulled) by your new spouse. However, if no one challenges anything or requests a new trial on the divorce and there is no appeal, your new marriage may not create any issues as a practical matter. It is best to wait the 30 days if at all possible.

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  7. I live in texas. My divorce isngoing to be final oct 1 st. And I had my wedding plannd for oct 26 . I life with that person and we r expecting a baby. Is there anyway I could get a waiver to get married before the 30 days. Or if I go and try to get the license would they give it to me. We have been living together for about a year already. And separated from my exwife for 2 years

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  8. Sandra, you mention your "ex-wife". If you were in a same sex marriage and are now seeking divorce in Texas, that is a different matter and that law is changing rapidly. So you are best advised to consult with a family law attorney who can assist you with that particular type of family law. We are able to consult with you about that, if you'd like.

    However, if you were posting this for a male friend, who was in a heterosexual marriage, and he is asking about entering into another heterosexual marriage in the state of Texas, my answer to him would be this: You will probably be allowed to get the license in the county where you apply. Your new marriage may be considered "voidable", by your new spouse in some circumstances (sort of like annulled). However, if your ex spouse doesn't request a new trial on the divorce and doesn't file an appeal within the 30 days AND your new spouse knows the situation and doesn't have a problem with it, then you may not have ever have any problems from marrying within the 30 days. It is best to wait the 30 days if at all possible.

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  9. My fiancé still has her ex husbands last name, she got divorced on 9/20, does she need to change her last name before we apply for a marriage license? Also, what do we need to show present with us when applying for a marriage license? We plan on getting married on 10/24

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  10. There is no requirement that she change her name. If she did not receive a name change in her divorce (to go back to her maiden name), in order to change it now she would either a) file a petition for a name change or b) use your last name once you are married. There is no reason to file a petition to change her name now if she is about to be married and use yours anyway. As far as what to present, that depends on the state and county where you apply, so give them a call and check. In general, she should be prepared to present current governmental ID, also a certified copy of any divorce decree from prior marriages but you can give the county clerk a call in advance or check their website to get more specific instructions.

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  11. This will be in Harris County, Texas. OK just to make this clear, she did file a petition for a name change but she'll be marrying me and using my last name anyways so no need for her to do anything correct? And in order for her to get her divorce decree, does she have to go get it from the court or can I go personally and get it for her? How long does it usually take for a decree to be ready? Like I've said previously, she got divorced on 9/20, this past Friday. Thank you so much for your help in advance!

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    1. You can get the decree by going to the Harris county family law district clerk's office. After the judge signs a decree it will be imaged and entered into the system. if that process has happened it should be ready and you should be able to pick it up for her. Bring the case number. $1 per page. If her name change was separate from divorce she can request to proceed now or let the court know to drop it. In any event it would not make sense to marry you the get the name change after if she wants to end up using your name. I am just commenting on general legal principles here so you are advised to consult an attorney and/or speak with court staff for specifics about her situation.

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    2. I meant to type... "It would not make sense to marry you THEN get the name change after the marriage if what she wants to do is end up using your name..." Also, here is a link for more complete info on how to get a copy of a divorce decree in Harris County.. there are several ways to get one. http://www.hcdistrictclerk.com/Common/CustomerService/PurchaseCopies.aspx

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  12. Hello I went to my final hearing on Sept 27.. and I am wanting to remarry in Dec. . My fiancé is in the military and will.be leaving over seas in January. Are we able to remarry now?

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  13. If your divorce was finalized on September 27th, you have already passed your 60 day waiting period. Congratulations!

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  14. I leave in less than 30 days to pcs to Hawaii and my fiance is also military, but i just got legally divorced 4 days ago even though I've been separated for over half a year. Now, is that reasonable enough to get a waiver? And how long does out take to find that out because time is not on our side!

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  15. That does sound like a good reason to request a waiver! Whether or not it would be granted is up to the judge and also how long it might take depends on the judge and the county. If you want to seek a waiver, I suggest that you either a) go to the district clerk's office or court clerk where your divorce was granted and ask for information; OR b) go to the law library in that county and ask for help; OR c) contact a family law attorney for help. BUT REMEMBER... if you go ahead and get married without the waiver and NO ONE objects to this (your ex-spouse or your new one), then it may be OK... (see the blog post above)

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  16. If i am still married but file for a divorce can i still apply for a marriage license to marry someone else now in harris county, tx

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  17. No, you will not be granted a marriage license unless you are already divorced. You need to have a divorce decree and a date of divorce.

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  18. my soon to be ex husband filed for a divorce back on aprrox april 15 2013 and I wasn't aware that he did not complete his parenting class cause we have a child but it was a pro se uncontested divorce im guessing. My question to you is its now several months later and I been bugging him to complete the class so that we can get this over with. but no response from him can I just file myself if so do I have to still wait that 61 day "cooling" off period? He left to korea and we have not seen each other since then that's whats causing the divorce hes been there and back to the states already. meaning we have been astranged for 2 years. I cannot afford a lawyer. and also can I file for a waiver to get remarried before the 31 days. My boyfriend is currently going overseas and we have been dating for over a year.

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    1. If there is already an active divorce case filed then you won't need to (or be allowed to) file a whole new case. But you can talk to the court staff and tell them that you need to know what is going on, that you are ready to proceed, and that you need to know if his lack of completing the parenting class is what is holding up the case. So first you have to find out what's really going on here. Then, you can also find out what you need to file or do in order to 1) move things along and 2) if you can also ask for the waiver at the same time.
      This is only a general answer... SO, since you can't afford an attorney, I suggest that you contact the local bar association, and also visit the law library in your county to ask for help. The State Bar of Texas will also provide help and forms in uncontested divorce. Check out the website.

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  19. I have a divorce decree pending because my soon to be ex husbands legal department has paid his attorney so they wont take it to the judge to be signed because they want payment is there anything I can do to go around that and get it signed?

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  20. I have a divorce pending since October 30 2013 and my soon to be ex husband's legal department at his job was supposed to pay his attorney and still hasn't so because of no payment to the attorney they wont take it before the judge to have it signed. Is there any way around it? My husband and I have been separated since 2006 and im currently engaged and had a baby I just want this over with.

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  21. Rather than wait for your husband's attorney to act, you can do one of two things: 1) get an attorney to represent you; or 2) call the staff or go to the court where the divorce is filed and find out what has been done and what remains to be done so that you can proceed. But be aware that if you had a baby with another man while still legally married to your husband then it complicates and slows things somewhat and parental provisions will need to be made for him/her. It would be best for you to get an attorney to represent you and if you cannot afford one or need a referral, look at the State Bar website and call the number. (This is not to be considered legal advice & does not create an attorney-client relationship. This is general advice only, is based on general Texas law, and you should consult an attorney for your specific situation.)

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  22. If I divorce in Missouri but am wanting to be married to a military personnel in February and it's less than 30 days what do I need to do

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  23. We don't practice in Missouri. You should contact a Missouri attorney about this. The 30 day waiting period is Texas law, and other states may not have this same law.

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  24. P.S. You can contact the Missouri State Bar Association or your local (County) Bar association if you need assistance in finding an attorney, or finding out about the state law.

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  25. I had my final court hearing with judge on December 17, 2013, which the judge granted my divorce. My "ex" has not yet signed the papers, even though the divorce was granted when we had our final hearing. I am getting remarried. Concerning the 30-day waiting period, would it be 30 days after the judge granted the divorce (12/17/2013) or 30 days after my "ex" FINALLY signs the papers himself? Please help, as we were wanting to get married 02/14/2014. Thank you. (in Texas)

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  26. If the Judge granted, signed AND ENTERED your divorce on that day, then the 30 days starts then. In some cases, the divorce may be granted without one of the spouses appearing, or without one spouse's signature. Check with the court to see if the divorce was finalized and entered, or if the case is still open, waiting for a signature. This is just general information and guidance, not specific legal advice so you are advised to consult with an attorney regarding your own case should you need to do so.

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    1. My fiancé is getting his divorce finalized 2/23 and we plan on getting married 3/01 can we still get a marriage license? It will be in Fort Bend County. He has been separated from his wife since 8 years ago and have not spoken to her since. Please help!

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  27. You will probably be allowed to get the license and then you can get married. Your marriage will not be "void" but is "voidable", that means that it is void ONLY if the divorce is reopened. If your fiance's ex-wife appeals the divorce and re-opens it during the 30 days following the divorce, then your marriage will be void. If she doesn't show up and appeal the divorce, then all will be fine. If, for some reason the divorce is reopened, you may want to get married again after it is finished for good.
    This is general information, I am not your attorney and you are not my client. This blog is provided free, as a public service and you should contact an attorney if you have further questions or need legal assistance.

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  28. Hi there....

    Divorce was finalized on 11/22/2013. Plan on marrying on 03/22/2014. Is that legal? :)

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    1. If you are remarried in Texas within 30 days after your divorce you MIGHT have a problem later, but not always. Your new marriage is planned 4 MONTHS after your divorce so that should be just fine. Just be sure to get a certified copy of your divorce decree to prove that you did finalize the divorce because you will be asked about your divorce when you apply for a marriage license. CONGRATULATIONS

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    2. Wonderful! Thank you! It was a long 2 years to get it finalized! Fiancé was very patience and we have been anxiously waiting for our day to get finally married! Thanks again!

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  29. My mister and I have been separated from our spouSes for over 10 years. I'll be 7 n half months pregnant by the time both divorces are final. By the time 30 days are up I'll be bout to pop! Do I need an attorney to have 30 days waived?

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  30. You may not be able to finalize the divorce until the baby is born. The baby's interests and paternity need to be accounted for. If you already have a companion paternity/child support case going about the baby, the judge will coordinate the two cases. This is Texas law, to be sure that the best interests of children are taken into account. If you have not dealt with this issue, then I recommend you do talk to a family law attorney, even before worrying about the 30 day waiver.

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  31. As long as you have dealt with the issues of the pregnancy (as described above), then the answer is the same as I have written to the other people who commented. You have to show that you have been divorced in order to get a marriage license. If you get married within the 30 days and your ex spouse does not appeal or reopen the case, and everything was done according to Texas law, then there should be no problem. However, if you have not dealt with the pregnancy in the divorce paperwork and the judge does not know about this, there could be other issues. I am not your attorney and you are not my client. This information is provided free of charge as a public service and I am not familiar with all the details of your case. I advise you to seek advice from an attorney if you have any remaining questions.

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  32. What are the laws governing remarriage time if you were to divorce a Texas marriage, but remarry in another state, for example, Virginia.
    My girlfriend and her husband are both agreeing to and filing a no contest divorce as she wants to marry me and her husband wants to marry his current girlfriend. My question is would it be okay to marry, knowing with full knowledge that her then ex-husband will not contest and try to void her new marriage with me, within the 30 days after her divorce is finalized. Also, would the 30 days simply be a nonexistent rule since the remarriage is occurring in VA instead of TX.

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  33. I don't know about the laws in Virginia regarding this issue. However, if everything that you said is true, it would make no sense for either of the two parties to that divorce to want to try to keep this divorce going. Remember, there is the 'legal right' to ask the Judge to reopen doesn't mean that someone will or should. In the vast majority of cases, a divorce is not reopened.

    The purpose of the Texas law is to prevent one spouse going out and getting married and later having legal issues because their ex-spouse chose to exercise his/her legal right to reopen the divorce. (which would occurs more often in a highly contested divorce or a "Default" divorce where the opposing party has not appeared or whose whereabouts are unknown.)

    When getting married in a state you should always check that state's specific laws to make sure you will be able to obtain a marriage license under that state's requirements. You can check with the office that issues the licenses or contact an attorney in that state if you need additional help. Congratulations!

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  34. I am active military currently station in Missouri, i have a divorce case in houston tx at the 311th i have a un official decree with the date of oct 21,2013 but the judge has not sign it yet im pcs to el paso texas then with in 20-30 days on my way to Afghanistan. Would ineed to get a waiver if i want to re marry on may 3,2014? My ex wife is aware of my re marrige and doesnt plan to appeal our case or re open our case

    I am aware of the situation of judge pratt not doing family law anymore what do i have to do to get my case sign n closed ?

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  35. First of all you need to be certain that you are absolutely divorced before you can even get a marriage license. Your first step is to be certain that the divorce decree is signed and entered as a final divorce.

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  36. Hello. I was granted a divorce on March 5th with mediation papers. However I still haven't received a final divorce decree because my e's lawyer is still drawing up the final orders. I am looking to get remarried on April 18th. The 30 days has passed. Will I have an issue since I do not have a final divorce decree? My fiancé is military I'm not sure if that matters

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  37. You will need to make sure that you are really divorced or yes, you will have an issue. You will need your decree to prove you are divorced. Unless the Judge has already pronounced the divorce as "rendered" you are not divorced. A mediation agreement alone doesn't give you a divorce. You will need to find out from the court if the divorce is final or not.

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  38. What if I've been divorced for over a year and live in Texas and my fiance is divorced immediately and her previous marriage was in Arizona? There you can get married immediately after the decree has been signed. Does the 30 day rule in texas apply to her if she's divorced in Arizona? What if she moves to Texas before her divorce is final in Arizona? Does the 30 day rule apply to her?

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  39. This sounds like a law exam question!! If she is completely and finally divorced in a state where there is no waiting period, then comes to Texas then she will be considered to be finally divorced here in Texas and eligible to remarry. If she moves here but is still an Arizona resident getting an Arizona divorce then just happens to be here while the Arizona divorce is being finalized same answer. Under the "Full faith and credit" clause of the U.S. Constitution, the states recognize each other's laws and there are also uniform family laws that allow the states to recognize each other's laws. This is a general answer and if you have need of a more specific answer for your situation you are advised to seek legal counsel. No attorney-client relationship exists between yourself and Kalish Law Office and this blog is maintained as a service to the public.

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  40. Can a person who resides in Texas and is newly divorced (less than 30 days) get married overseas (Caribbean) before the 30 day waiting period is up?

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  41. They will be allowed to get married overseas, but then upon coming back to Texas, if they arrive to find that their (ex) spouse has reopened the divorce, then there will be problems!

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  42. My husband was married in TX and divorced that ex wife 3 days before we married in VA. That was over 4 years ago. We have since moved t o TX. Is our marriage still "voidable"?

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  43. You passed the time when it could have been appealed (once you got to day 31), so all is good, you don't have to worry!

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  44. Where can I get the waiver so I don't have to wait 30 days to get remarried.

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  45. You have to file and ask for a waiver from the family law judge.

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  46. We are going in to finalize in a week and a half so just ask the judge for in than? Than how long do I have to wait before it is signed off on?

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  47. And do I ask the day of the finalization hearing for it? If so how long dose it take for them to sign it?

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  48. Depends on the County, the Court and the Judge's schedule. If you are represented by an attorney now, ask your lawyer how it should be handled. If not, you can ask the judge on the day of the hearing. If it does get approved, you will need to put in the proper paperwork which can be done by your lawyer or if you are representing yourself, you can often get assistance at the local law library or by calling the State Bar of Texas' 800 number.
    This is just general legal information and is not a substitute for legal advice in your particular situation.

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  49. I went to court on July 1st or the 8th don't remember but on that day the judge signed and stamped my final decree and said my divorce has been approved but I called on July 23rd and they said the judge had just signed off my divorce on July 22nd.. I am confused?? So I thought my divorce was final on the day I went to court and he signed and told me it's all done ??

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  50. A certified copy of the Final Decree will tell you the date that the divorce is finalized. Look at the Judge's signature page.

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  51. My boyfriend got his divorce finalized today 08-10-14. Can we go to court to buy a marriage license and just pick a ceremony date 31 days from now?

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    1. You will go to the County Clerk's office. So contact them for specific instructions but I don't believe that should be a problem for you.

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  52. If I'm remarrying after 30days after divorcing, what do I need to provide them. Do I still need to bring divorcing decree or just provide the divorcing date?

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  53. Whenever you are going to get a marriage license, you'll usually need to take certified copies of your official documents to the clerk, including your divorce decree. Contact the county clerk where you are going to get your license (or look online for the information). As far as what to take to the actual marriage ceremony, that would be your marriage license.

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  54. I was wondering if my fiancée and I could get married once his divorce is final. Isn't a waiver possible if they've been seperated for over five years and we've been together for over two? We also have been living together for a year and a half and started a family. Also, if he hasn't had any contact with her, is it possible to have the divorce granted with or without her presence/signature? We are residents of Texas.

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  55. If you want a waiver for the 30 days waiting period, that will be up to the family law judge to decide based on the circumstances. Being separated for over 5 years is an important and relevant fact to tell the judge. Even if he has had no contact with her, your fiance will still have to follow the Texas law to be sure that she gets notice. Divorces can be granted without both parties being present in court if the proper paperwork is signed and filed. The Texas State Bar has more information for people who want to represent themselves in a divorce, so check out that website. A person who represents his or her own self in court is said to be "pro se". The Texas Bar has a "Pro Se Divorce Handbook" on the website that can help you.

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  56. I am in the military waiting for Alaska to finalize my divorce on Sept 23. I am due to move out of state Oct 12 and my fiancé and I want to get married before I PCS. Since my divorce is through a state that does not have a waiting period, am I able to remarry before the 30 days is up?

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  57. The blog I posted was just about Texas law. All states do not have that 30 day requirement but if you have questions, check with an attorney or the state or local bar association in your area. Congratulations on your engagement!

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  58. I am trying to get married in Texas so I was wondering if the waiting period applies when my divorce was out of state, sorry I was unclear.

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    1. Each state has specific laws, so in order to find out the date that your divorce was final, you will need to consult the law of the state where you got your divorce. Also, you should bring a certified copy of your final divorce with you when you apply for your Texas marriage license.

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    2. Alaska doesn't have a waiting period, so since it is through them texas's 30 days don't apply?

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    3. You will be allowed to get married in Texas but if your divorce is later appealed by your ex your marriage could be voidable.

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  59. My ex-husband and I have been divorced since last March 5th 2014 and we have decided that we wanted to get remarried again and get our family back together again. We felt that the divorce was an mistake to begin with and wanted to give us another try since we had been together 17 years and married 13 years before we had gotten divorced and we also have four boys to think about too. We was wondering how do we go about getting remarried the quickest way possible in the legal way possible with Texas law since we are from Oklahoma. My husband is stationed in Texas.....so we aren't too familiar with Texas law. Any helpful info would be great to help us getting our family back together :)

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    1. If your divorce hearing was on March 5 2014, your 30 days have already passed. You should bring a certified copy of your divorce decree with you when you apply for your marriage license. You can get married in any state, it does not have to be in Texas.

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  60. Divorce was finalized today in Webb County how long do I have to wait to receive the final divorce decree in the mail if the divorce was uncontested and have been separated for more than 6 years?

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  61. Call the Webb county District clerk with your case number to ask.

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  62. My divorce was final 9-11-14. My ex did not wait the 30 day period and remarried yesterday 9-27-2014. Is this divorce void or do I need my lawyer to do something about this? I am positive he did not get a judge to approve.

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    1. The marriage will stand unless an appeal on the divorce case is filed within 30 days of the divorce being final. If that happens, the marriage may be voidable. There should be legal validity for the appeal and appeals can be very costly.

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  63. My divorce was finalized on the 3rd of September. I filed for a marriage license before the 30 day waiting period was up. In which the wedding date isn't until the 10th of October. Will there be a problem?

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    1. The divorce is able to be appealed for thirty days only.

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  64. My ex-husband and I have been divorced since last sep. 2014 and I have decided that I wanted to get remarried again and get our family back together again. I felt that the divorce was an mistake to begin with and wanted to give us another try Any helpful info would be great to help us getting our family back together :

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  65. and your ex-spouse are remarrying each other, then neither of you will be reopening the divorce, so you are in agreement to remarry. Congratulations!

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  66. I have read the various posts on this blog, as I read and understand, marrying before the 31 days is not breaking any law, I would just assume the risk of my X making it voidable. Is that correct?

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  67. so its voidable but not void if with the 30 days correct?
    doesnt the clerk issuing the new marriage license ask or doesnt it state on the application that you have to let them know its been 2 weeks for example and the 30day waiting period isnt up yet? or do some just omit that information and get it anyway and hope the 30 days fly by without an appeal? just dont want to break the law but if lying gets me the license and i KNOW it wont be appealed then its worth the risk.

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    1. That is correct. Here is a link to marriages license FAQs in Harris County Texas. Many counties have info online. I am not sure if the application asks that question. http://www.cclerk.hctx.net/Personal_Rec/Marriage_License_Information_FAQs.aspx

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  68. hello my lawyer just filed the petition for the divorce yesterday and I'm aware that you have to wait 60 days before the judge will finalize the divorce and I am looking to get remarried soon because my fiance Will be leaving for Korea February 1st and I'm wondering if it's at all possible to be married before he leaves mind you the divorce has no community property and he is signing a waiver stating that he agrees with the terms of the divorce. Thank you

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  69. One of our readers summarized it nicely... getting married before 31 days is up is not breaking any law, but you do run the risk of your ex making the marriage voidable. If your ex is signing a waiver, the chances that he would try to (or succeed in) re-opening the divorce are slim. You also have the option of asking your attorney to request a waiver from the judge, if your attorney advises it and if it would make you feel better.

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  70. My husband was deported 13 years ago for dv and child abuse ..since I have no idea of his location to serve him how can I get remarried please help

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    1. You can get a divorce from someone whose whereabouts are unknown but there will be additional steps to take. Alternate means of serving the divorce to him will have to be approved by the judge and followed. And expect the judge to appoint an an attorney ad litem to represent his interests. It can be done. You will need to have a family law attorney help you with this.

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  71. This comment has been removed by the author.

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  72. I have a W-2 job and have recently started my own business. Over the past few years, the startup has taken a loss. My child support was calculated based on my W-2 income. Can I request the child support amount be reviewed to include the losses from my startup business as well?

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    1. Generally, once a W-2 job is used for the calculations then the calculations will continue based on that income regardless of whether the child support payor chooses to take a financial risk by starting another business. However, you should consult an attorney regarding your particular case and bring your financial documentation in order to be certain. Child support is very much a case-by-case situation and there may be other important facts and circumstances in your particular situation.

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  73. If someone has been divorced for over a year, however, they and their ex spouse are still in a battle over various assets. Would it complicate that process further legally by remarrying? Also, if in the divorce papers that were served if one spouse listed they will change their last name but have not done it...do they have to follow through with that?

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  74. The answer to your question about assets depends on what the decree says and what the assets are. Oftentimes, questions and issues about property division continue after the divorce. Remarrying each other may or may not complicate things further. Various options are available to resolve post-divorce property issues: some of which are mediation, filing for enforcement, various written agreements, and specific documents to transfer property like retirement accounts, real estate and so on. I advise you to have a consult with a family law attorney to understand all your options.
    If a person does not change their name as stated in the decree it would be very difficult to impossible in Texas for the other spouse to force that issue, especially if there are children from the marriage. Again, you are recommended to seek advice from an attorney for your situation & share specifics of your situation.

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  75. The answer to your question about assets depends on what the decree says and what the assets are. Oftentimes, questions and issues about property division continue after the divorce. Remarrying each other may or may not complicate things further. Various options are available to resolve post-divorce property issues: some of which are mediation, filing for enforcement, various written agreements, and specific documents to transfer property like retirement accounts, real estate and so on. I advise you to have a consult with a family law attorney to understand all your options.
    If a person does not change their name as stated in the decree it would be very difficult to impossible in Texas for the other spouse to force that issue, especially if there are children from the marriage. Again, you are recommended to seek advice from an attorney for your situation & share specifics of your situation.

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  76. Here is the section in the Texas Family Code about annulment:
    Sec. 6.109. CONCEALED DIVORCE. (a) The court may grant an annulment of a marriage to a party to the marriage if:
    (1) the other party was divorced from a third party within the 30-day period preceding the date of the marriage ceremony;
    (2) at the time of the marriage ceremony the petitioner did not know, and a reasonably prudent person would not have known, of the divorce; and
    (3) since the petitioner discovered or a reasonably prudent person would have discovered the fact of the divorce, the petitioner has not voluntarily cohabited with the other party.
    (b) A suit may not be brought under this section after the first anniversary of the date of the marriage.

    Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

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  77. My ex & I divorced on 3/16 after a 2 year separation. Prior to filing he was cohabitating and living with his present fiance for 4 months. They are set to wed on 4/11, and their is no evidence that she is pregnant. In our proceedings he misrepresented his wages but has now began transferring his business information into his name since there is no longer a threat of spousal support or higher child support payment. Do I need to wait until they wed to challenge the marriage, and how do I have to make this claim? We didn't divorce for infidelity, although he was unfaithful, but his attorney filed the marriage was insupportable. And finally, what would this challenge allow me to do? Would only create a delay in their union or can I redo the entire terms of our divorce? (this my ex's profile, it was a heterosecual marrige)

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  78. This is a detailed set of questions and you would be best advised to have a consult with an attorney on your specific case.

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    1. I agree, this was packed with several questions. My main question is, would it benefit me to challenge the marriage, in hopes to renegotiate the terms? And how quickly must I contest it?

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    2. You are advised to have a consult with an attorney about this. Remarriage within the 30 days in and of itself is not generally enough to challenge terms. If there was fraud, misrepresentation or hiding of assets, it may be appropriate to attempt to reopen the divorce. However, that is a separate issue from remarriage within the 30 days. You can also have an attorney explain Modification to you, and what that process would involve. Have an attorney calculate and explain the time deadlines and appropriate filing times for you, when s/he sees a certified copy of your final decree.

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  79. My final hearing is on April 28th. She is saying that after the 30 day period I'll have to wait an additional 90 days to remarry. Is this true?

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  80. We are unable to give legal advice for specific situations through this blog. If you have questions about your situation, you should consult a lawyer. However, the blog post is accurate as to Texas law and is intended to apply to two parties divorcing in Texas and intending to remarry in Texas. If one or more other states or countries are involved for the remarriage, the requirements for remarriage may be different. If by "she" you mean your ex, be aware that she may be mistaken. Also your ex may not be the best person for you to rely on for legal advice. If you have a law library in your county, you can find additional information there as well.

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  81. My fiance had hearing on 2/27/15 at that time a " Findings and recommendations for final divorce" was done and stated the divorce granted. Then they scheduled a date 30 days past that date for entry of judgment. We at that time planned to be married in Wash on 5/16 because it was past 30 days but his ex wife's lawyer never submitted paperwork and the final decree was done 5/1. Can we still get married?

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    1. One of our readers summarized it nicely... getting married before 31 days is not breaking any law, but you do run the risk of the ex making the marriage voidable.If she agreed to the divorce, signed papers, all information about property was "out in the open" and she was represented by an attorney is is less likely that she will have any legal reason to go back and ask for a new trial or appeal it.
      If you decide to go ahead, just make absolutely sure that the divorce actually has been signed and entered. You should get a certified copy of your decree from the clerk.

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  82. In the case of a person claiming common law marriage, how soon after the date of a final divorce can the person legitimately make that claim? Does the 30 day period still apply in that situation or can it be more immediate?

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    1. In general, the 30 day period would apply to any type of marriage after a date of divorce. You are advised to get a legal consultation for your specific situation.

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  83. My ex remarried six days before our divorce was final. Is that marriage legal?

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  84. Being married to two people at once is bigamy, and the district attorney has the ability to file charges against the person who commits bigamy if they wish to do so. Some people "accidentally" commit bigamy (they think that their prior marriage is dissolved but it isn't). A marriage that occurs while one party is still legally married to someone else is void. At the time the first marriage is dissolved, the "new" marriage may convert to a common law marriage if the two people continue to stay together and treat each other as husband and wife. This is all based on Texas law, so other states may differ.

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  85. I dont know if you can help but my ex husband filed for divorce in texas while i was in nevada and i have a copy i signed but i never got the actual decree it was back in 2014. I want to get remarried but i dont know how to get a copy of the decree. It there any way to get it im in Louisiana now.

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    1. Yes, you will need to contact the District Clerk's office in the Texas county where you got your divorce. Google "How to get a certified copy of my divorce decree in __________ county Texas" and fill in your county. Here is the link for Harris County. http://www.cclerk.hctx.net/Info/Ordering_Copies_Fees.aspx

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  86. If you divorce in a state that has no wait period then want to marry in Texas do you have to wait 30 days or do you go by the law of the state You divorced in?

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    1. The Texas Family Code does not state that the waiting period applies only to divorces granted within the state of Texas. When applying for the marriage license you will be asked when your prior marriage was dissoved by divorce. However, if you do remarry within the 30 days and no one challenges the remarriage, then the marriage will be valid, as stated above.

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  87. I have been separated for 2.75 years. We filed once, had temp orders but they expired. We were seeing each other every day and he spent most nights until I found out last Nov he was seeing someone. Throughout the whole thing, we have been seeing each other every 7-10 days for 7-10 days and then he leaves. I refiled in june. the date was supposed to be postponed due to his being in jail for one of his exs child support. He's a drug addict and alcoholic but recently he's been in treatment and we have been getting along much better. My lawyer has been playing games since July on getting a final date set. My ex signed the paperwork for sole custody with supervised visits due to domestic violence (not reported) on 9/29. After all this time, I finally have a court date next week. However, we have reconciled and want to either hold the divorce off for 60 days or stop it completely. Is this possible and if not, how long would we have to wait to remarry if that was something we wanted to do?

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    Replies
    1. You don't have to wait, you can remarry your spouse within the 30 days.

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  88. ot about a divorce but say I'm with a girl since she was 4 weeks pregnant now have baby we are fixing to get married and biological father is mad now since we are getting married said he will get me for fraud since I signed the birth certificate and gave her my last name at birth is this valid

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    1. The birth certificate is a legal document and you should be truthful in any information you provide. If you knowingly gave a false statement then it is technically fraud. (Are you SURE that the baby is not yours? Are you certain that this man is the bio dad?). However, even if you did sign the certificate, that doesn't automatically mean that the state will decide to prosecute you for it. The biological dad does have rights and he can file a case in court and ask the judge to order DNA testing in order to prove that the baby is his. If he wants to prove his parentage and wants to be a parent, he can proceed. There are a lot of ways that this could go and I advise you to have a consultation with a family law attorney in your area.

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  89. My fiancee divorced in Texas, and we got married in Iowa within the 30 days period because we did not know. A lawyer told us our marriage is null and void, because we did not wait for 30days texas law. We doubt this and need help. PLEASE HELP!!!

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    1. If you are living in Iowa, or any state other than Texas, you should contact an attorney in that state to be certain that you are following the laws of that state. However, the Social Security Administration has information about the states' laws and remarriage and according to this, Iowa law does not have a restriction. If you are in Texas, my previous answers apply. The marriage is VOIDABLE (if someone objects to it or the marriage is reopened, then there is a problem), also the "innocent party" (one who was not recently divorced) could seek an annulment if they did not know the circumstances. In the majority of cases, no one objects and all is OK. Here is the link to the SSA site that I mentioned. https://secure.ssa.gov/poms.nsf/lnx/0200305165#b47

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  90. My divorce was finalized January 25th that's the day I went to court and got my divorce granted she said I needed to wait 30 days to remarry I have my wedding date set of February 27th is my 30 days already up I'm not sure if its business days or calendar

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    1. Calendar days. Yours is 33 days from your divorce finalization. Congratulations!

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  91. My divorce was final on the 12 of this month and i want to get married again how long would i have to wait to get married

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    1. You should wait 30 days if you are in Texas

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  92. My husband and I agreed to file for divorce but did not want to drag our 6 year old through this ordeal. Is it OK to file without including him.

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    1. No, under Texas law you must tell the court that you have a child and include him in the pleadings and have visitation, child support, and a parenting plan set up for him. He does not have to attend court unless the Judge requires it.

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  93. After the judge signs the divorce decree is it possible to get the 30day wait period waived if i want to get remarried..we have been separated for about 6 years now and i have a 2 month old with my current partner

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    1. Yes, you can ask the judge to waive the 30 days and you can ask right at the final divorce hearing. But if you have had a child with one man during the marriage to another man that fact should have been revealed to the court during your divorce proceedings.

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  94. Yes i did put it on my divorce petition so im guessing waving the 30 day period can be accepted?

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    Replies
    1. Yes, it can. Make sure that you testify about it and ask the judge to grant it and make sure you have the proper paperwork prepared and signed to show that it is granted.

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  95. I want to know if a person get a divorce in Texas like April 21 16 can they remarry on May 7,16

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  96. That is not a good idea for the reasons listed above. It is less than 30 days and the marriage can be voidable if an interested party (new spouse or ex-spouse) makes an issue of it or if the marriage is appealed or reopened for any reason within the 30 days.

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  97. I filed for divorce in California, do I still have to wait 30 days to get remarried in Texas?

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    1. The Texas Family Code does not state that the waiting period applies only to divorces granted within the state of Texas. When applying for the marriage license you will be asked when your prior marriage was dissoved by divorce. However, if you do remarry within the 30 days and no one challenges the remarriage, then the marriage will be valid, as stated above.

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  98. Married for 23days and wants a divorce on grounds of importence, how long before i can remarry

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  99. If your spouse is impotent and you did not know this prior to marriage, you may be able to get an annulment rather than a divorce. Check with a family law attorney near you. If you can't qualify for an annulment, and need a divorce, you would have to wait the 30 days in Texas, just like other divorced parties.

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  100. I am trying to find out if the 30 day waiting period applies to someone who is divorced in another state. My fiancé's divorce is being finalized in Georgia the 8th of this month and we're planning on being married the 29th, it was supposed to have been done on the 20th of last month but she didn't get the papers in when they were sent back to her over a month ago.

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    Replies
    1. The Texas Family Code does not state that the waiting period applies only to divorces granted within the state of Texas. When applying for the marriage license you will be asked when your prior marriage was dissoved by divorce. However, if you do remarry within the 30 days and no one challenges the remarriage, then the marriage will be valid, as stated above.

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  101. Hi I was married in April 2011 split from him April 2012 he was suppose to file the divorce when we split and we both lived in texas but he never filed it. Now I have been in a new relationship since may 2015 and we want to get our marriage license July 12 2016 and get married on the 16the of July but we found out at the beginning of this year my ex husband never filed so I filed March 18 2016 and it was just finalized today June 8th 2016. Can I get my license to marry on July 12th and not get in any trouble. Thanks

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    1. The waiting period is only 30 days, and from June 8th to July 16th is more than 30 days so it seems you'll be just fine.
      Congratulations!

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  102. my divorce reads august 22 and my new wedding date is September 21,can I get married?

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    1. That is exactly 30 days from August 22nd so as long as you don't get any notice of appeal or reopening of the case by then you should be fine. That is the last possible day that something could be filed, so you can breathe easy once day 31 arrives with no filing. Congratulations!

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  103. My fiance is married to someone in Jamaica and is filing for petition on Monday pro se. She is signing the waiver, no children,and no property. Our wedding is Dec 3. Will we make the 30 day mark. Remember he's filing petition on Monday with signed waiver. Sending her documents also.

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    1. I have no way of knowing how long the Jamaican divorce will take to be completed once it is filed. The best advice that I can give is this: If you are getting married in Texas, just make sure that the Jamaican divorce is completely final at least 30 days before the marriage here.

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  104. So the person getting divorced can remarry within that 30 day period and the marriage is legal as long as the other party doesnt appeal the marriage?

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    1. Yes, they can often get married (as long as they are divorced and the clerk issues a marriage license) and then often the other party (ex spouse) doesn't appeal the DIVORCE within the 30 days.

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  105. Hello, so I recently got divorced in Ohio. My ex husband and I were separated a year, but he fought me for the marriage. I got my final decree on Thursday. I just came to Texas to be with my fiancé parents. He just got assigned to U.K. Overseas. We have been apart for 3 months. We are seeking to get a proxy marriage. Will I be able to get married on the 23rd of this month since I got divorced in Ohio and there is no waiting period? Will they give me my certificate on the 23rd? He has to turn the certificate in to put me on his orders.

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    1. This comment has been removed by the author.

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    2. This question is difficult and deals with a variety of laws, Ohio, Texas, military law and possibly UK immigration laws as well as a proxy marriage. This is not a question that I can answer on this forum and recommend that you seek a legal consultation for this from a family law attorney.

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  106. I'm active duty military and I'm stationed in Europe, will my fiance be able to waive her 30-day waiting period once her divorce decree is signed?

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    1. She can ask the judge to waive the thirty days as she is going for her final decree. She can talk with her attorney, or if she is representing herself call the court staff or visit the local law library for help in deciding how to do that.

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  107. Good morning, my fiance and I would like to get married 11/11/2016. She is a Mexican national, and was recently divorced after being separated for more than two years. Her divorce was final 10/12/2016. Our preferred date is exactly thirty days from the date of her divorce. I contacted the office for Marriage licenses and was told that because of Mexican law, she must wait for a full year. We plan to marry and reside in Texas, so are we bound and obligated to Mexican law? The law says that women have to wait, but men are free to remarry immediately. I was also told that she could petition the court in Mexico for a waiver, but their system down there is a corrupted mess. Is it possible to apply for a marriage license without divulging her previous marriage? Or do you have any other suggestions as to how to proceed? Thanks.

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    Replies
    1. When you say that you contacted the "office for Marriage Licenses" and were told that she must wait a full year, was that a Texas office? Is this marriage to be used to help her her become a US citizen eventually? Is she already a legal permanent resident of the US? Rather than posting the answers publicly, you can feel free to send a private email to inquiries@kalishlawtexas.com.

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  108. My husband and I have been divorced and now remarried. I was awarded the house and our car in the divorce, we are now separated and he is now telling me that the house is not my property. Am I still awarded the property after a remarriage to the same person?

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    1. Don't let your husband tell you what your legal rights are. He may really believe that he is correct, or he may be trying to make the situation better for himself. Generally, the property that was awarded to you in a divorce decree will still be your separate property. If you refinanced anything or signed it over to him as a gift or titled it in your names together, that would change things. I can't give you specific legal advice on a blog, so you need to get with a family law attorney to answer your questions.

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  109. I married 2nd husband in Bell County Texas Oct 10th 2016. Within two weeks I learned that I was still married to my 1st husband because he did not have the judge sign final divorce decree. Original Divorce petition was filed in El Paso County Texas so I submitted final divorce decree to judge. All the divorce paperwork was signed and filed the same day. I was divorced from x husband on 31 October 2016. Do I need to go to court to void my marriage to my 2nd husband before 2nd husband and I get married again? Or can we get married again without doing an official void marriage? Military requires final divorce decree to be prior to marriage date.

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    1. Since the military is involved, I recommend that you contact a military lawyer for specific advice about this situation. Even though Texas is a common law state, when dealing with issues of military law and federal law there it is a necessity to be absolutely clear with dates and documentation.

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  110. My fiance got divorced november 15th this month and we want to get married before the 15th of december would that be ok or would we have to wait?

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    1. It is best to wait until after the 30 days to prevent any problems. If it is less than 30 days the marriage can be voidable if an interested party (new spouse or ex-spouse) makes an issue of it or if the marriage is appealed or reopened for any reason within the 30 days. The actual "Date of marriage" affects many things (insurance coverage, anniversary celebrations, property ownership just to name a few), so it is best to have a solid, legal date of marriage. However, some people choose to go ahead, get the license, get married and don't have an issue. But you are taking a chance.

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  111. My fiance has been seperated for 5 years and got divorced here recently on november 15th. would we be able to get married soon? and what about colorado would we be valid there?

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    1. It is recommended to wait the 30 days. (see response to your question, above). I am not licensed in Colorado so I don't know what the law there requires.

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  112. My girlfriend had her divorce final hearing set for 10/24/16. She ended up getting an attorney to help her finalize her divorce and found out that she had to give her soon to be ex husband 45 days notice. The final hearing was moved to 11/28/16. We have been dating for over a year and the only reason we haven't gotten married sooner is because she couldn't locate her soon to be ex husband to have him officially served notice of the final hearing and finalize the divorce. I think she should request the Waiver of Prohibition Against Remarriage because her soon to be ex husband has already gotten another woman pregnant and has moved on with his life also. What are the chances a Brazoria County judge would grant this? We believe that she will be going before the same Judge that heard temporary and protective orders. There is also a Protective Order against her soon to be ex husband and there is a Zero Chance of her remarrying him due to us being together.
    What we want to know is, can we get married asap in another state such as Louisiana (non-residents) or is there a sure fire guarantee that we can get the Waiver of Prohibition Against Remarriage FC 6.802.
    Would this qualify as "good cause" as stated in FC 6.801?

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  113. It is always best to wait the 30 days after the divorce is granted. If you have waited this long, why not wait until the coast is totally clear? But, if she can get the judge to sign the appropriate waiver, then you won't have to worry about the 30 days. Since she has an attorney, why not ask him/her about this? Especially if she has evidence of her ex's activities (impregnating another woman & being without communication for so long) the judge may find good reason to sign it. I don't practice in Brazoria County, so I can't answer about the likelihood of the judge agreeing but I'll bet that her attorney knows if this would be a worthwhile pursuit or not.

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  115. My divorce decree will be signed Jan 25 I will get married the 30 days after but can I get the marriage license during that waiting period

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    1. Whether or not the county clerk will grant you a license is up to that clerk, however if you get the license it is still advisable to wait the 30 days.

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  116. NOTICE: AS OF JANUARY 20, 2017, COMMENTS AND QUESTIONS FOR THIS BLOG POST ARE CLOSED.

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