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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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