Is it mandatory to follow one state’s waiting period if you are remarrying in another state?

UPDATED: Aug 25, 2011

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Is it mandatory to follow one state’s waiting period if you are remarrying in another state?

My fiance and I want to get married but he is filing for his divorce in TX. We understand that there is a 30 day waiting period to get remarried; is it mandatory. We’ve looked on many websites and none say that it is just out right mandatory to wait but if we don’t the marriage is voidable. We have talked with his soon to be ex-wife and she is very happy for us and wants us to get married. Their divorce is uncontested and she is working with us to get the divorce finalized because she too is looking to get remarried. So do we still have to wait? What if we get married in a different state?

Asked on August 25, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

My understanding is that under the laws of all states in this country, one cannot get re-married until his or her divorce is officially dissolved by a court order in the superior court of the state and county where the dissolution proceeding is pending. If Texas law requires an additional thirty (30) days after the decree holding that the divorce is final to make the decision conclusive and done, then one should wait the extra time to make sure that the divorce is done and over before re-marrying.

However, if Texas law requires a thirty (30) day waiting period to re-marry in the State of Texas after a Texas dissolution decree, but another state does not require such a waiting period, but only a valid decree of dissoultion, you can get married in the other state without having to worry about any glitch with Texas law on the subject of re-marriage.

Good luck.

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 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.

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