How can we get around 30 day waiting period for marriage when groom is active duty?

UPDATED: Aug 26, 2012

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How can we get around 30 day waiting period for marriage when groom is active duty?

My fiance’s ex never paid the filing fee for their divorce and we learned the hard way that although he will be divorced in time, we may not have time for the 30 day waiting period before our planned wedding in December. He will only be here for 18 days and then we will not be together again until about 1 1/2 years from now. I’ve read on this site that our marriage could be voidable if we get married before the time period is up but would the county even issue the license? The voidable part doesn’t concern me, as long as the marriage would be legal.

Asked on August 26, 2012 under Family Law, Texas


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

Answered 10 years ago | Contributor

It wouldn't be per se illegal-- it would be as you say "voidable."  However, your marriage would still be legal in another context because Texas does recognize informal or "common law" marriages.  You won't get fined or ticketed if you don't wait the 30 days-- it could just cause problems down the road if you ever decide to divorce... the date the marriage actually began could possibly impact who gets what. 

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