When Can I Remarry After Divorce?
You are moving on with your life and thinking about a fresh start. But remarrying too soon — or without tying up legal loose ends — can create serious problems. Here is everything you need to know about when and how you can legally remarry after divorce.
Remarriage Waiting Periods by State
Not every state lets you remarry the moment the judge signs the decree. Some states impose a mandatory waiting period after the divorce is finalized before you can legally marry again. This exists partly to allow time for appeals and partly as a cooling-off period.
States with waiting periods:
- •California — 6 months from the date the divorce petition was filed (not the date the divorce is granted). This is one of the longest waiting periods in the country.
- •Texas — 30 days after the divorce decree is signed. A judge can waive this in certain circumstances.
- •Alabama — 60 days after the divorce decree is final.
- •Kansas — 30 days after the decree is entered.
- •Wisconsin — 6 months after the divorce is granted.
Many states have no waiting period at all.
In states like New York, Florida, Illinois, Pennsylvania, and Colorado, you can legally remarry the same day your divorce is final. However, “final” has a very specific legal meaning — and getting it wrong can have devastating consequences.
When Is Your Divorce Actually “Final”?
This is where people get confused — and where costly mistakes happen. There are several milestones in a divorce, and they are not all the same thing:
Filing the petition
This starts the legal process. You are not divorced at this point. You are still legally married, even if you and your spouse have agreed on everything.
Signing a settlement agreement
An agreement between spouses is not a divorce. It still needs to be approved and entered as a court order. Until a judge signs off, you are still married.
The divorce decree / judgment
This is the official court order that ends your marriage. Your divorce is final on the date the judge signs the decree — or in some states, when the clerk enters it into the court record. This is the date that matters for remarriage.
Appeal period
In some states, either party can appeal the divorce within 30 to 90 days. While appeals rarely reverse the divorce itself, some states require you to wait until the appeal window closes before remarrying.
The safest approach: Get a certified copy of your divorce decree from the court clerk before making any remarriage plans. If you cannot produce this document, you are not ready to remarry.
Common Mistakes That Can Void Your New Marriage
These mistakes happen more often than you might think, and they can have severe legal consequences:
- 1.Remarrying before the divorce is final. This is bigamy — a criminal offense in all 50 states. Even if you believe your divorce is complete, if the paperwork was not properly filed or the judge did not sign the decree, your new marriage is void. Penalties range from fines to imprisonment depending on the state.
- 2.Ignoring the state waiting period. If you remarry during a mandatory waiting period, the marriage may be voidable. You would need to wait, then re-marry to make it legal. This can affect insurance claims, tax filings, and inheritance rights in the meantime.
- 3.Out-of-state complications. If you were divorced in one state but remarry in another, both states' laws may apply. Some people try to avoid their home state's waiting period by marrying in another state — but courts have invalidated marriages obtained this way.
- 4.Not updating your records. Failing to file your divorce decree with relevant government agencies can create bureaucratic nightmares when applying for a new marriage license. The marriage license office may reject your application if they cannot verify your divorce.
Religious Remarriage Considerations
Even after your civil divorce is final, your faith community may have additional requirements before recognizing a new marriage.
Catholic Church
The Catholic Church does not recognize civil divorce. To remarry in a Catholic ceremony, you must obtain a Declaration of Nullity (annulment) from a Church tribunal. This process examines whether the original marriage was valid under canon law. It typically takes 12 to 18 months and involves written testimony, witness statements, and a tribunal review. A civil divorce is a prerequisite, but it is not sufficient on its own.
Judaism
In Jewish law, a civil divorce does not end the religious marriage. A woman needs a get (a Jewish bill of divorce) from her husband before she can remarry under Jewish law. Without a get, the woman is considered an agunah (“chained wife”) and any subsequent children from a new relationship may be considered mamzerim (illegitimate) under halacha. Getting a get can be complicated if the husband refuses, which is a well-known issue in Jewish divorce law.
Islam
Islamic law requires a waiting period called iddah — typically three menstrual cycles (about three months) after divorce — before a woman can remarry. This serves to establish whether she is pregnant and to allow a possible reconciliation. Men do not have a mandatory iddah but are encouraged to observe a period of reflection.
Protestant and Non-Denominational
Policies vary widely by denomination and individual church. Some churches freely perform remarriages. Others require counseling, a waiting period, or approval from church leadership. It is worth having an honest conversation with your pastor or church leader before making plans.
How Remarriage Affects Alimony and Spousal Support
This is one of the biggest financial considerations when thinking about remarriage. In most states, remarriage automatically terminates spousal support for the recipient spouse.
Think carefully before remarrying if you receive alimony.
If you are receiving $2,000/month in spousal support and you remarry, that income disappears — often immediately and permanently. Even if the new marriage does not work out, you typically cannot reinstate the previous alimony order.
Key points to understand:
- •Cohabitation can also trigger modification or termination of alimony in many states, even without formal marriage.
- •Child support is not affected by remarriage. Your ex's obligation to support their children continues regardless of whether either parent remarries.
- •The paying spouse who remarries may petition for a reduction if new financial obligations significantly change their ability to pay, though this is not automatic.
- •Lump-sum alimony is typically not affected by remarriage because it was already settled as a fixed amount.
Remarriage and Child Custody
Remarriage does not automatically change custody arrangements. But it does introduce a new person into your children's lives, and courts take that seriously if your ex raises concerns.
What to keep in mind:
- •Introduce your new partner gradually. Child psychologists recommend waiting at least 6 months of serious, committed dating before introducing a new partner to your children. Rushing introductions can cause anxiety, loyalty conflicts, and behavioral issues.
- •Your ex can petition for custody modification. If your former spouse believes your new partner creates an unsafe or unhealthy environment for the children, they can ask the court to revisit custody. Background issues, substance abuse, or a pattern of instability with the new partner can be used against you.
- •Moving in with a new partner before remarrying can also trigger custody disputes, especially if the children are sharing living space with someone the other parent has not met or approved of.
- •Stepparent adoption is a separate legal process. Your new spouse does not automatically become a legal parent to your children. Adoption requires the biological parent's consent (or termination of their rights) and a court order.
Practical Checklist Before Remarrying
Before you walk down the aisle again, make sure these essentials are handled. Skipping any of these can create legal, financial, or personal complications down the road.
- ✓Get a certified copy of your divorce decree. You will need this to obtain a marriage license. Do not rely on your memory of when the divorce was finalized — get the document from the court clerk.
- ✓Verify any waiting period has passed. Check your state's specific rules. Count the days carefully. When in doubt, wait an extra week.
- ✓Update your name (if applicable). If you changed your name back after divorce or plan to take a new name, update your Social Security card, driver's license, passport, and bank accounts. Do this before the wedding to avoid cascading paperwork issues.
- ✓Update your beneficiaries. Life insurance, retirement accounts (401k, IRA), bank accounts, and any payable-on-death designations may still list your ex-spouse. Update all of these before remarrying.
- ✓Consider a prenuptial agreement. If you have been through one divorce, you understand the value of clear financial agreements. A prenup protects both parties and is especially important if you have children from a previous marriage, own property, or have retirement assets.
- ✓Update your estate plan. Your will, trusts, powers of attorney, and healthcare directives need to reflect your new family structure. This is critical if you have children from a prior marriage — without an updated estate plan, your new spouse and your children could end up in a legal battle.
- ✓Notify relevant parties. Inform your employer (for benefits and tax withholding), health insurance provider, the IRS (filing status changes), and your children's school or daycare if applicable.
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Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Remarriage laws, waiting periods, and alimony rules vary significantly by state and jurisdiction. The information above provides general guidance but your specific situation may differ.
Always consult with a licensed family law attorney in your state for advice specific to your circumstances. If you are in immediate danger, call 911. For crisis support, contact the National Domestic Violence Hotline at 1-800-799-7233.