Divorcing and Ready to Remarry? Better Be Prepared First!

Moving past a bad relationship that ends in divorce leaves many clients of divorce attorneys looking forward to new ones.

While it is always recommendable to take one’s time entering into new relationships, especially after just ending a marriage, it isn’t uncommon for people to develop new relationships while separated from their spouse and waiting for a divorce to be finalized.

As easy as it might seem to move on, divorce lawyers see their clients run into unexpected trouble all too often because they were unaware of certain rules pertaining to remarrying after ending a marriage.

These tips should help!

1. Make Sure Divorces Are Actually Finalized

A big mistake that many divorce lawyers see people making is jumping the gun and remarrying before their current divorce is truly finalized.

A legal marriage can only happen when a marriage certificate is created and that will only happen when a divorce decree is shown.

The decree from the court is the last document that divorcing spouses will receive to indicate that their marriage is officially ended.

In this case, the basic warning from divorce attorneys is simple: unless the divorce decree is in hand, wait!

2. Wait At Least A Full 30 Days

Texas has a 30-day wait period before anyone can be remarried after a divorce.

Another big mistake that divorce lawyers see newly-divorced people making is not taking that law seriously and marrying before 30 days have passed.

Even if the divorce decree is in hand, someone including a vengeful ex-spouse or anyone else, could challenge the marriage and have it voided if it was done before a full 30 days from the finalization date on the decree has passed.

Marriage before the 30-day wait period also provides an ex-spouse the opportunity to re-open a divorce case suggesting that the remarriage was part of the motivation for termination or that changes in financial status after the divorce reveal that assets were hidden, and other reasons.

Therefore, divorce attorneys warn that in determining this date, spouses should count 30 days starting the day after the judge signs the final divorce decree, regardless of what day that might be since it might not be the day that couples are in court.

The first day that divorce lawyers recommend any marriage be made official is thirty-one days after the date on the signed decree.

Exclusions to this rule that allow waiving of the 30 days, such as divorcing spouses remarrying, marriage due to health reasons, and marriage when one spouse will be stationed overseas, do exist but are rarely seen.

3. Understand How Remarrying Affects Custody and Alimony

While child custody payments will usually stay the same even when a spouse remarries, divorce lawyers do point out that any changes in financial status could involve a reconfiguration of child support payments.

Visitation and other parenting decisions could also change based on the remarrying spouse’s new family situation.

Similarly, while spousal support and alimony are rarely awarded in Texas, divorce attorneys warn that once a receiving spouse remarries, those payments will usually be discontinued.

Talk To A Divorce Lawyer Before Remarrying After Divorce

Getting remarried after ending a marriage and starting a new relationship is a bright point that many newly-divorced spouses look forward to.

Before finalizing any relationship with marriage; however, divorce lawyers encourage spouses to understand the rules pertaining to remarriage and follow them.

The best way to enter into that new marriage and family without bringing along any unexpected baggage from a previous marriage is to understand the right way to do it and prepare accordingly so there are no surprises.

An experienced divorce attorney can assess a person’s situation when seeking to remarry after a recent divorce and help them do it correctly without issue.