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BabyJa777 · Jul 25, 2010, 12:56 PM

I Live in the State of Texas. I was considered married by common law and am divorcing him due to severe physical abuse. He is in Prison now and has been for 2 years. My divorce is final August 16, 2010 and The man I have been with for a year and I wish to be married August 20, 2010. Is this possible?

Fr_Chuck · Jul 25, 2010, 01:13 PM

If it is actually "final" you can marry one minute after it is final.

Just be sure final is final. Not up on Texas for for example here in GA, it takes 30 days after the judge signs it, for it to be final.

But it is fairly easy, you will have to provide the court with a copy of your divorce papers ( signed by the judge) to get your marriage license.

GV70 · Jul 25, 2010, 01:15 PM

The remarriage waiting period in Tx is 30 days.

GV70 · Jul 25, 2010, 01:19 PM

Originally Posted by Fr_Chuck

If it is actually "final" you can marry one minute after it is final.

Oops... there are six states where there is requirement for Waiting Period after Final Decree
Wisconsin,Nebraska,and Oklahoma-SIX MONTHS
Alabama-SIXTY DAYS
Texas and Kansas-THIRTY DAYS
In those states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree. Your final hearing date isn't necessarily the date of your divorce decree - in most states your divorce isn't final until the order is signed by the judge.

If August,16 is the date for your final hearing you will have to wait.
If August,16 is the end of your waiting period then you will marry even on 17

F you marry before the imposed waiting period ends, your new marriage would generally be voidable rather than void. This means either party to the new marriage could ask to have the marriage declared invalid.

BabyJa777 · Jul 25, 2010, 01:44 PM

Ok. Thank you for that information. The divorce is finalized on August 16, so I will have to wait the 30 day period to marry again. From what I understand, I don't think he can contest the divorce because of all the pictures and police reports prove he was abusive.

Fr_Chuck · Jul 25, 2010, 03:19 PM

He can always contest a divorce, I have seen them draw out for months and months and months when one party is wanting to cause the other trouble. Doubtful he will but never take anything for granted.

Sorry I was off on the waiting period