When Can I Remarry After a Divorce in Texas?

 Posted on April 23, 2025 in Family Law

After a divorce, many people look forward to starting a new chapter in life — including the possibility of remarriage. But Texas law includes specific rules that can affect when and how you can legally remarry. Failing to follow these rules could result in delays, legal complications, or even an annulled marriage.

If you are planning to remarry after a divorce, working with an experienced Texas family law attorney can help you avoid missteps. At Daniel R. Bacalis, P.C., we guide clients through the remarriage process and ensure all requirements are met under the Texas Family Code.

Is There a Waiting Period to Remarry in Texas?

Yes. Under the Texas family code, there is a mandatory 30-day waiting period before you or your ex-spouse can remarry after a divorce. This period begins on the day the divorce decree is signed by the judge.

The purpose of this waiting period is to allow time for either party to appeal the divorce or request modifications to the final orders. Attempting to remarry before the 30 days have passed could make your new marriage legally vulnerable.

Can the Waiting Period Be Waived?

In some cases, a judge may choose to waive the 30-day waiting period. This is typically granted when there are exceptional circumstances, such as:

• A party is being deployed by the military

• One party has a serious or terminal illness

• Both parties agree to the waiver and request it from the court

If you believe you have a valid reason for an early remarriage, your attorney can help you petition the court and explain your circumstances.

What Do I Need to Apply for a Texas Marriage License?

To remarry, you and your future spouse must apply for a marriage license from the county clerk’s office. Texas requires that you apply at least three days before your planned ceremony. The license is valid for 30 days after issuance.

When applying, you will both need to present valid identification, such as a driver’s license, certified birth certificate, or passport. If you were previously married, you must also bring a certified copy of your final divorce decree (or, if applicable, your former spouse’s death certificate). A photocopy will not be accepted.

What Happens If I Remarry Too Soon?

If you remarry before the 30-day waiting period has passed — and you did not receive a judicial waiver — your new marriage could be voided by the court. While a divorce ends a valid marriage, an annulment means the marriage is treated as though it never legally existed. This can result in legal confusion, emotional distress, and financial complications.

To protect your new union and avoid unnecessary problems, it is essential to comply with all remarriage laws in Texas. An attorney can ensure you meet each requirement and help you move forward with confidence.

Contact a Hurst, TX Divorce Lawyer

If you are planning to remarry after a divorce, make sure you understand the legal steps you need to take. At Daniel R. Bacalis, P.C., our Tarrant County, TX family law attorney will help you navigate the remarriage process from start to finish. Attorney Bacalis is Board-Certified in Family Law and has extensive experience handling complex post-divorce matters.

Call us today at 817-498-4105 to schedule your free consultation and take the next step toward your future.