Wanted to know more information on the 30 day waiting period on marriage after a divorce in the state of Texas?
Hi. I am currently pending a divorce. My lawyer said the court should turn it around within the next couple of days. I have been separated from my wife for 2 years now. I don’t want to get into much details but I have been dating some one for quite some time now. I looked into the Texas marriage laws and it states “If divorced within thirty days, Texas requires that you show a certified copy of your divorce decree stating the 30 day waiting period is waived”. What exactly does it mean waiting period waved? Would I be able to get married before these 30 days? Who can waive this waiting period if so? If it helps any, reason I am so much in a hurry to get married is because I am military I will be on leave in about 28 days, and I will be on the states for 30 days and would like to remarry on leave. Thank you very much.
No, the reason for the 30 days is because of the plenary power of the judge. Anytime the judge signs a decree, he/she retains the power to take back a ruling and fix it, if someone files an appeal, a motion for new trial, or for judgment nunc pro tunc (to fix a clerical error).
If the judge were to grant the divorce, a party marries, and then someone raises a concern that causes the judge to take back his ruling, the second marriage is bigamous, and void.
So, you ask your attorney to ask the judge to waive the 30-day prohibition on remarriage, and the judge will normally do so if the matter isn’t contested, and nobody expects any post-trial motions.