Can You Get Married Immediately After A Divorce In Texas
Texas is one of only a few states that require a divorced person to wait before remarrying. In Texas, there is a 30-day waiting period. During this time, either party can appeal the divorce decree and reopen the divorce. Any new marriages within the 30 days are voidable and can be challenged by one of the parties.
If you recently got a divorce, you cannot get married unless 30 days have passed since the date your divorce was finalized. If at least 30 days have passed after your divorce was finalized, you can apply for a marriage license to get married again.
When applying for a marriage license, you will need a copy of your divorce decree to confirm that more than 30 days have passed. Even if you meet the legal requirements to obtain a marriage license, Texas law requires you to wait 72 hours after getting a marriage license to conduct a wedding ceremony.
It should also be noted that there is a 60-day waiting period between filing for divorce and when a court can actually grant a divorce, making the total waiting period between filing for divorce and remarriage 93 days.
Contact The Law Offices Of Kate Smith Pllc Today
If you are involved in any kind of family law issue, you can turn to the Law Offices of Kate Smith, PLLC. My firm provides legal ability and service that is backed by 15 years of experience and Board Certification in Family Law from the Texas Board of Legal Specialization. Board certification means that your attorney has met rigorous standards of training, experience, and skill that few attain. Out of approximately 100,000 attorneys in the state of Texas, only about 7,400 have met this achievement. A Board-Certified family lawyer is one who is considered a legal expert in the field, one who is thoroughly experienced, respected, and tested. With the Law Offices of Kate Smith, PLLC in Colleyville, you can have peace of mind knowing that your legal matter is in the hands of a top professional.
Need legal help with a family law issue? Contact the Law Offices of Kate Smith, PLLC to arrange for a consultation. Same-day appointments are available.
What If Our Children Dont Live In Texas
A Texas court cannot make initial custody and visitation orders about a child unless:
- the child has lived in Texas for at least the last 6 months , or
- Texas was the childs home state and the child has been gone less than 6 months.
There are a few exceptions to this rule. Talk with a lawyer if this is an issue.
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What Are The Chances Of Remarrying After Divorce
The majority of people who have divorced go on to marry again. On average, they remarry just under 4 years after divorcing younger adults tend to remarry more quickly than older adults. For women, just over half remarry in less than 5 years, and by 10 years after a divorce 75% have remarried.
Can I remarry before my Divorce is final?
If a person gets remarried before their divorce is finalized, the new marriage will not be valid. A person must have their marriage legally terminated before they can get married again. Being married to two people at once is considered bigamy, which is illegal in the United States.
Do I need a decree absolute to remarry?
Do I need a Decree Absolute before I remarry? Oh yes! If you plan to remarry you certainly need to ensure that your previous marriage was legally dissolved with a Decree Absolute.
Who suffer more after divorce?
Men are more than twice as likely to suffer from post-divorce depression than women. Anxiety and hypertension are common in men after divorce, which can result in substance abuse and in the worst cases, suicide. Ten divorced men commit suicide in the U.S. each day.
Can A Retirement Account Be Divided In A Divorce
Yes. Retirement funds earned by either spouse during the marriage are usually considered to be community property that can be divided by the judge. This is true even if you or your spouse has not yet retired.
If you want the judge to divide retirement funds , you will need to have the judge sign an additional form, usually called a Qualified Domestic Relations Order , to make the division effective. You should have the QDRO prepared before you go to court, so the judge can sign it when you finish your divorce. TexasLawHelp.org does not provide QDRO forms. You may be able to get a sample QDRO form from the employer or retirement fund administrator. If not, you should hire a lawyer to draft the QDRO form. If you use the employer or retirement fund administrators QDRO form, you should still have a lawyer review it to make sure you are not giving up important benefits. Read this article to learn more: Dividing Retirement Benefits Upon Divorce.
Note: If you and your spouse plan to keep your own retirement funds or do not have retirement funds, you do not need a QDRO.
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Work It Out Now Before The Divorce
The separation period is the best time to handle your disputes. If you agree to something with the motivation of making the process go faster, you can regret your decision later when you dont have marriage rights any longer. The decisions you make during your separation that go into your final divorce decree may echo for several decades!
If you struggle to agree with your ex about a matter, enlist help from your attorney along with a 3rd party mediation specialist now. Before going into the courtroom, negotiate what is best for you and any children. Once the judge rules on your final divorce decree, you cant go back to mediation and get a do-over.
Consulting with your attorney for your options before getting your final divorce decree is your best bet. Your attorney can advise you on what you may leave open to discussion vs. what should get nailed down before the divorce decree.
Is There A Way To Protect A Business From Divorce
Many business owners worry about the future of their companies once a divorce has been initiated. However, it is better to plan ahead to ensure a business is fully protected in the event of a divorce.
One way to protect a business is to include it in a prenuptial agreement. In a prenuptial agreement, the parties may lay out how their assets will be divided in case they divorce. In this situation, one party may be able to protect his or her business from being divided or sold in a divorce.
If the parties did not execute a prenuptial agreement, a postnuptial agreement with similar terms may be created after the parties have gotten married.
If multiple partners or shareholders are involved in a company, it is possible to protect their share of the business by having their spouses sign a document that states they have no interest in the business in the event of a divorce. They may also enact a rule that allows other partners or shareholders to purchase a divorcing partner or shareholders interest in the business.
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Offer Time For Reconciliation
Some states with waiting periods believe in marriage institutions. Divorce is painful and frustrating. If kids are involved, it might take them long to comprehend, heal and move on. The waiting period is meant to allow you and your spouse to take a step back, reflect, and reconcile if possible.
One partner likely filed the divorce in anger. After a few weeks or months, tempers might subside, and the partner might reconsider their decision.
If divorce resulted from abandonment or abuse, reconciliation might not be an option.
How Soon Can You Be Divorced
If you have an uncontested divorce, meaning your spouse is willing to agree with you on the terms of your divorce, and is willing to sign your divorce forms, you can be divorced 61 days from today
Please note, to be divorced this quickly, you will need an Attorney to handle your divorce, as divorces without lawyers take much longer than 61 days.
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Grounds For Divorce In Ontario
Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the Province of Ontario. Grounds are merely the reason for divorce, and the province must approve them.
To obtain a dissolution of marriage in Ontario, you will have to prove that your marriage is broken down . The Canadian law states that a marriage breakdown occurs if:
- Both the filing and the defending spouse have lived separate and apart for a minimum of one year with the consideration that the marriage is over and complete or
- the defending spouse has committed adultery or
- the defending spouse has been physically or mentally cruel to the petitioning spouse, making it unbearable for the spouses to continue living together.
Cruelty can include both acts of physical violence as well as those that would cause severe mental anguish.
*Most divorces granted in Canada are based on the one year of separation grounds. It is important to realize that ‘living separate and apart’ does not necessarily mean that the spouses must live in separate homes – they can be separated but still share a same home for reasons such as children, money, or convenience.
Why Is There A 30 Day Waiting Period After Divorce In Texas
The reason for this mandatory waiting period after divorce in Texas is that the judge and court that issued your final decree of divorce retains plenary power for thirty days after the divorce is final. This is in case a party files an appeal or a motion for a new trial, which they have thirty days to do after a divorce is finalized.
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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. Its 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.
Contact Our Law Office Today To Get Started On Your Case
At the Law office of Kate Smith, PLLC in Colleyville, my training and wealth of experience in the collaborative law allows us to help clients avoid not only driving a wedge between whatever remains of the marital or parental relationships, but also the high cost of litigation. I focus on the big picture, offering our local clients a kinder and gentler way to help them resolve divorce and other domestic issues to the optimal benefit of them and their children.
When you need legal help with a divorce or other sensitive family law matter, please call my law firm at to discuss your needs with a Tarrant County collaborative law attorney and learn how I can help you.
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What Is An Amicus Attorney
An amicus attorney is a lawyer appointed by the court to provide information to the court that may be helpful in making a decision, usually in child custody or visitation matters. An amicus attorney does not represent any of the parties or the child. The attorney is purely an arm of the court who advocates for the best interests of the child.
An amicus attorney is appointed by the judge, who will issue an order outlining their duties in the case. This could include interviewing the child and parents, conducting home visits, and requesting and reviewing documents. The purpose is to get an intimate view of the parenting styles and living conditions of both parents.
The judge determines which parent pays the amicus attorneys fees or if both parties do.
Can Social Media Impact A Divorce Or Family Law Case
Yes, social media posts may be admitted into evidence, which can impact divorce, child custody or any type of family law case. For instance, if one parent makes negative comments about the other parent on social media, this could be used against them in court. If a parent posts photos of themselves partying or engaging in illegal activity, this could also be used against them in court.
It is important to be aware of what you post on social media, as well as what your friends and family members post about you. Anything that could be construed as negative could be used against you in a divorce or family law case
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What Is Medical Support For A Child
In Texas, medical support is health insurance for a child. The non-custodial parent is usually responsible for providing medical support. If the non-custodial parent does not have health insurance available through their job, they may be required to purchase a separate policy for the child. If the non-custodial parent is unemployed or cannot afford a health insurance policy, the custodial parent may be responsible for providing medical support.
What If I’m Afraid Of My Spouse
Divorce can be a dangerous time. If you are concerned about your safety or the safety of your children, call the National Domestic Violence 24 Hour Hotline at 1-800-799-SAFE . They can refer you to help in your community.
For legal help, you can also call:
Find out more in the Protection from Violence or Abuse section of this website.
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Speak With A Round Rock Divorce Attorney
It is highly advised to consult with an experienced Round Rock divorce attorney to understand your rights and obligations when seeking remarriage in Texas. In addition to the mandatory waiting period, there are many other things that you need to consider before getting married after a divorce, and having a skilled attorney on your side can help.
Schedule a free case review with our divorce attorneys at The Law Office of Brett H. Pritchard to discuss your particular situation and determine the possible impact of remarriage on your post-divorce rights and obligations. or contact us online to get a FREE case review.
Getting Remarried In A Different State
Because marriage licenses are issued by individual states rather than by the federal government, if you were divorced in one state but want to remarry in a different state, whether youâre allowed to remarry immediately may vary depending on which states youâre dealing with.
For example, if a Massachusetts resident went to another state to get married during the 90-day waiting period, that marriage would become void upon their return to Massachusetts. However, if a Massachusetts resident got divorced in Massachusetts but then moved to another state and got remarried â and continued to reside in that state after the remarriage â then Massachusetts would recognize that marriage as valid regardless of when it occurred.
Conversely, in states like Rhode Island, the divorce isnât final until the three-month waiting period has passed. As such, a remarriage in any state during those three months would be void in all states, because the divorce is not yet finalized and the spouses are still technically married.
State-specific rules on this issue are certainly confusing, and it may be helpful to consult with a divorce attorney to better understand the circumstances of your situation.
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What Is The Divorce Procedure In Texas
Filing for divorce in Texas involves several steps:
- Filing the divorce petition. One spouse will file an Original Petition for Divorce and accompanying documents with the court clerk in the county where either spouse has lived for 90 days.
- Serving the divorce papers. The petitioner then must either have the divorce papers personally served on the other spouse or have the respondent sign a waiver of service and simply accept the documents from the petitioner.
The next steps in the Texas divorce process may depend on whether you’ve filed for an agreed divorce or a contested divorce.
What Is Wife Entitled To In Divorce Texas
Along with a handful of other states, Texas is a community property statemeaning all income earned and property acquired by either spouse during the marriage is community property and belongs to both spouses equally. In Texas, courts must split all marital property equally between divorcing spouses.
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What If My Spouse Doesnt Live In Texas
As long as you meet the residency requirements for divorce, you can get divorced in Texas even if your spouse lives in another state.
Note: The court must have personal jurisdiction over your out-of-state spouse to include orders in your divorce that impose a personal obligation on your spousesuch as ordering your spouse to pay a debt or pay child support. The Original Petition for Divorce form includes a list of situations that give the Court personal jurisdiction over an out-of-state spouse. Check any that apply to your case. Talk to a lawyer if none apply or you have questions about personal jurisdiction.
How Long After Divorce Can You Remarry In Texas
Filing for divorce is time consuming and stressful. After your divorce is final, you can finally breathe a sigh of relief and start to focus on other aspects of your life.
Many people decide to remarry after divorcing their first spouse.
Whether you want to remarry soon after your divorce or after several years have passed, there are a few things you should know about remarrying after a Texas divorce.
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