How Soon after Divorce Can You Remarry?
If you’ve recently divorced, it’s natural to have a lot of questions about what comes next. Some people vow to stay single for a long time after divorce. Others are ready to jump back into the dating pool as soon as they can. Still, others aren’t sure what they want. One of the common questions that arise after a divorce is, “When can I get married again?” In this article, we will explore the factors to consider before making the decision to remarry, including legal aspects, time for healing, and the well-being of your children.
Legal Strictures and Waiting Periods
The divorce process isn’t easy for anyone, even under the best of circumstances. After all the paperwork has been finalized, the court hearing completed, and the ink dried, you may wonder about the legal restrictions on remarriage. Depending on where you live, your state may impose restrictions on how long you have to wait after divorce before getting remarried.
Time for Healing and Self-Reflection
Even if a waiting period is not required by your state, you may want to wait before jumping into another relationship if for no other reason than to take time for yourself. After all, you’ve been through a lot, and it’s important to reflect on your previous marriage and heal from any lingering grief or other unresolved issues.
Considering the Kids
If you have children with your ex, they’re another valid consideration before you remarry. Kids are resilient, but they need time to adjust to their new life and living situations. Adding a new partner too hastily could end badly for everyone. A lot of divorced people who date don’t even introduce their dates to their kids until they’re sure the relationship is serious.
The Freedom of Choice in Most States
Today, most states impose no restrictions on how long you must wait after receiving your final divorce decree to remarry. You have the freedom to make your own decisions about what’s best for you and your family. However, a few states do require a mandatory waiting period.
States with Mandatory Waiting Periods
If you get divorced in Nebraska or Wisconsin, you must wait six months after your divorce before entering a new marriage.
If you get divorced in Rhode Island or Massachusetts, you must wait for 90 days after your divorce before you remarry.
If you get divorced in Alabama, you must wait for 60 days before entering a new marriage.
If you get divorced in Washington, D.C., Texas, or Kansas, you must wait 30 days before marrying again. However, in Kansas, the required waiting period can be waived if both former spouses agree.
In South Dakota, if a marriage fails because of unfaithfulness and a fault divorce is granted on those terms, the adulterous spouse cannot remarry as long as their ex-spouse is still living. Practically speaking, however, the spouse could simply get married in another state outside of South Dakota’s jurisdiction.
The Reasoning Behind Waiting Periods
The reasoning behind mandatory waiting periods is based on the notion that an intact family is most important and should be preserved if at all possible. Further, a “cooling off” period after divorce gives couples a chance to reconcile. Today, however, the consensus in most states is that if a person doesn’t want to be in a marriage, they shouldn’t be kept in one.
Alimony and Child Support After Remarriage
When a divorced person who receives alimony, or spousal support, remarries, this often terminates their right to financial support from their prior spouse. If the paying spouse remarries, their alimony payments may be reduced, depending on the situation.
When a parent receiving child support remarries, their support isn’t usually changed. However, a new spouse’s income may play a role in how much a court decides to adjust any child support payments. The court will also consider other factors, such as additional children and whether the paying parent’s income has changed.
When to Seek Legal Advice
If you’re unsure whether you can legally remarry after divorce in your state, consider contacting Know Law. They offer support and guidance during this emotional time and can provide you with access to a family law attorney who can help you understand your rights.
Divorce can be a challenging and emotional process, and considering remarriage afterward requires careful thought and consideration. While some states have mandatory waiting periods, most allow individuals the freedom to make their own choices regarding remarriage. It’s essential to take time for healing, self-reflection, and to consider the well-being of any children involved before entering a new relationship or marriage. Seeking legal advice can also provide clarity and ensure that you understand your rights and responsibilities.
FAQs After the Conclusion
- Is there a waiting period for remarriage after divorce in all states? No, most states do not impose a waiting period, but a few have mandatory waiting periods before remarriage.
- How long should I wait to remarry after divorce? The appropriate waiting period varies for each individual, but it’s essential to take time for healing and reflection before considering a new relationship.
- What if my ex-partner and I both agree to waive the waiting period in Kansas? In Kansas, you can remarry without waiting if both former spouses agree to waive the required waiting period.
- Does remarriage affect alimony and child support payments? Remarriage can impact alimony payments, and a new spouse’s income may be considered in child support adjustments.
- When should I seek legal advice about remarriage after divorce? If you’re uncertain about the legal requirements or implications of remarrying after divorce, seeking legal advice is a wise step to protect your rights and interests.