A lot of people are surprised to learn that even after their divorce is final, Texas law may still require them to wait before getting married again.
The good news? The waiting period is usually short. In some situations, it can even be waived.
In most cases, Texas law requires a person to wait 30 days after the divorce decree is signed before marrying someone else (Texas Family Code Section 6.801).
The clock starts on the day the judge signs the Final Decree of Divorce (not when you filed for divorce and not when the case was first settled).
For most people, this waiting period is little more than a technicality. But if you already have wedding plans, it can become important very quickly.
Why Does Texas Have a 30-Day Waiting Period?
The purpose is simple:
The law gives both parties a short period of time to file certain post-divorce motions or challenge parts of the final judgment if necessary.
It doesn’t mean the divorce isn’t final. It is final. The waiting period simply delays the ability to enter into a new marriage.
Can the 30-Day Waiting Period Be Waived?
Yes.
Texas courts can waive the waiting period in certain situations.
A judge may grant a waiver when there is a good reason to do so. For example:
- An upcoming wedding date has already been scheduled
- Travel or military obligations create timing issues
- Other circumstances make the waiting period impractical
The waiver is not automatic. It must be requested from the court.
How Does the Waiver Process Work?
Typically, the request is made during the divorce case itself.
If the judge agrees, the Final Decree of Divorce will include language allowing the person to remarry immediately rather than waiting the full 30 days.
This is usually much easier to address before the divorce is finalized than after.
Are There Any Exceptions to the Waiting Period?
Yes.
The 30-day waiting period generally does not apply if you are remarrying the same person you just divorced.
While that situation is less common, Texas law specifically allows for it.
What Happens If You Get Married Too Soon?
Getting married before the waiting period expires can create legal complications.
If you’re planning a wedding shortly after your divorce, make sure you know whether the 30-day rule applies to you and whether a waiver has been granted.
This is one of those issues that is easy to fix in advance and much harder to fix afterward.
Planning Around Your Divorce Timeline
Many people focus on the divorce itself and don’t think about the remarriage waiting period until the last minute.
If a future wedding date matters to you, bring it up with your attorney early. A little planning can help avoid surprises.
Frequently Asked Questions
How long after a Texas divorce can I get married again?
In most cases, you must wait 30 days after the judge signs the Final Decree of Divorce.
Can a Texas judge waive the 30-day waiting period?
Yes. Courts can grant a waiver when there is a valid reason.
Is my divorce final during the 30-day waiting period?
Yes. The divorce is final. The waiting period only affects your ability to marry someone else.
Do I need to file a separate case to get the waiting period waived?
Usually no. The request is typically handled as part of the divorce case.
Does the waiting period apply if I remarry my former spouse?
Generally, no. Texas law provides an exception for remarrying the same person.
If you’re nearing the end of a divorce and have questions about timing, remarriage, or the final decree, we offer flat-fee consultations so you know the cost upfront and can get clear answers before making plans.
Chris Schmiedeke
Texas Bar 1993 · 33 years of family law practice · AltFee Modern Pricing Certified · 2020 Top 3 Divorce Lawyers in Dallas, Three Best Rated
As originally answered on Avvo, expanded for 2026.