How is a remarriage waiting period affected by an out of the country marriage?

My husband and I have been living apart for over 2 years. It’s been a friendly separation. We’ve decided to stop being lazy about going forward with divorce proceedings and file on the 21st of this month. He’d like to marry his girlfriend during their vacation to Tunisia in 2 months I have no problem with him doing so. We know there’s a 30 day waiting period after a divorce in order to remarry in the state. Since he’d be getting married out of the country in Tunisia and I’m not contesting the marriage, will his new marriage be void?

Asked on September 18, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If he got remarried before the 30 day waiting period, then the marriage would be voidable... not necessarily void.  If he continues to live in Texas, though, he would still be considered common law married because Texas does recognize informal marriages.  To insure that they don't have problems with the remarriage issue, he should request the judge to waive the 30 day waiting period.... or, after he gets back from Tunisia, to go to the JP and have a mini ceremony in front of a JP to make the ceremonial marriage a legal marriage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.