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

UPDATED: Sep 29, 2022

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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


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

Answered 7 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.

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