How Long After a Divorce Can You Remarry? State-by-State Waiting Period Guide

Most US states allow remarriage immediately after divorce finalization, but nine states plus Washington D.C. impose mandatory waiting periods ranging from 30 days to six months. These post-divorce remarriage restrictions exist to allow time for appeals, prevent hasty decisions, and ensure divorce terms are final before entering a new marriage. Violating these waiting periods can result in void or voidable marriages with serious legal and financial consequences.

What Are Remarriage Waiting Periods After Divorce?

A remarriage waiting period is a legally mandated timeframe between divorce finalization and the ability to legally marry a new spouse. These mandatory waiting periods vary by state and serve specific legal purposes.

How Waiting Periods Work:

The waiting period clock starts on the date the judge signs the final divorce decree—not when the hearing ends or when you receive paperwork. If your divorce finalizes on July 1, you can typically remarry on July 31 in a 30-day waiting period state (counting July 2 as day one).

When the Divorce Becomes Final:

Understanding when your divorce is actually final matters critically. In most states, the divorce is final when the judge signs the decree. However, some states have appeal periods that affect finality, and a few states don’t consider the divorce final until after the waiting period expires.

State-by-State Remarriage Waiting Period Requirements

States With Mandatory Waiting Periods

Alabama (60 Days)

• 60-day waiting period after divorce decree
• Marriage within Alabama during this period is void
• However, if you marry in another state within 60 days, Alabama recognizes it as valid
• No waiting period to remarry your former spouse

District of Columbia (30 Days)

• 30-day appeal period must pass before remarriage
• Remarriage during this period is void in all jurisdictions
• Waiting period aligned with time allowed to appeal divorce

Kansas (30 Days)

• 30-day waiting period after entry of divorce decree
• Parties can agree to waive or shorten this period through their divorce agreement
• If waived through agreement, no waiting period applies
• Marriage within 30 days without waiver is voidable (not automatically void)

Massachusetts (90 Days)

• Divorce decree nisi doesn’t become absolute for 90 days
• During this period, parties remain legally married
• Remarriage anywhere during 90 days is void in all states
• After 90 days, no restrictions apply to either party

Nebraska (Six Months)

• Six-month waiting period for remarriage to third parties
• 30-day waiting period for other purposes (decree finality)
• Exception: If former spouse dies during waiting period, you can remarry immediately
• No waiting period to remarry your former spouse

Oklahoma (Six Months)

• Six-month prohibition against remarriage
• However, violation doesn’t automatically void the marriage
• Marriage is valid unless specifically set aside by court
• Essentially a “voidable” rather than “void” marriage

Rhode Island (Three Months)

• Divorce decree doesn’t become final for three months
• Parties remain legally married during this period
• Remarriage anywhere during three months is void in all jurisdictions
• No waiting period after decree becomes final

Texas (30 Days)

• 30-day mandatory waiting period after divorce decree signed
• Exception: No waiting period to remarry your former spouse
• Court can waive waiting period for “good cause shown”
• Violation makes marriage voidable within one year

Wisconsin (Six Months)

• Six-month waiting period established in each divorce decree
• Marriage during this period is voidable
• Both parties must consent to petition court for waiver
• Even remarrying ex-spouse requires waiting period

States With NO Waiting Periods

The following 41 states have no post-divorce waiting periods for remarriage:

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming

Important Note: Even in states without waiting periods, you must ensure your divorce is completely finalized before remarrying. The divorce isn’t final until the judge signs the decree and any automatic appeal periods expire.

Special Historical Restrictions

South Dakota (Adultery Cases Only)

• Party guilty of adultery cannot marry third party while former spouse lives
• Can only remarry the former spouse
• If adulterous party marries outside South Dakota, marriage is valid but voidable within South Dakota
• This restriction is rarely enforced but remains on the books

North Dakota (Court Discretion)

• Court specifies in divorce decree whether and when parties may remarry
• Court can modify restrictions at any time
• Violation doesn’t void marriage—still valid in all jurisdictions

Legal Grounds: Why Do Waiting Periods Exist?

Appeal Period Protection

The primary legal rationale for waiting periods aligns with divorce appeal timeframes. In most states with 30-day waiting periods, parties have 30 days to appeal the divorce decree. Waiting periods prevent someone from remarrying before appeal rights expire.

Legal Logic: If Party A remarries immediately and Party B successfully appeals the divorce, Party A would technically be married to two people—creating a bigamy situation. Waiting periods prevent this legal impossibility.

Preventing Hasty Decisions

State legislatures impose cooling-off periods to ensure individuals make thoughtful decisions about remarriage. The emotional volatility of divorce proceedings might lead to impulsive remarriage decisions parties later regret.

Public Policy Considerations:

• Allows time for emotional processing
• Ensures understanding of divorce terms
• Prevents coercion into immediate remarriage
• Reduces likelihood of subsequent divorce

Protecting Property and Support Rights

Waiting periods give both parties time to understand how remarriage affects:

• Alimony/spousal support obligations (usually terminate upon remarriage)
• Property division appeals
• Child support modifications
• Estate planning documents
• Beneficiary designations

Exceptions and Waiver Procedures

Texas Waiver Process (Most Detailed System)

Texas provides the clearest framework for waiving the 30-day waiting period under Texas Family Code § 6.802.

“Good Cause” Grounds:

Courts may waive the prohibition for:

• Military Deployment: Party or future spouse deploying before 30 days expire
• Permanent Duty Reassignment: Military reassignment overseas before waiting period ends
• Serious Health Issues: Medical emergencies or surgeries requiring immediate marriage (for insurance coverage or medical decision-making authority)
• Immigration Deadlines: Time-sensitive immigration paperwork requiring married status
• Terminal Illness: When party or future spouse faces life-threatening condition

Filing Process:

1. File Petition for Waiver of Prohibition Against Remarriage with divorce court
2. Present compelling evidence supporting good cause
3. Court holds hearing (may require testimony and documentation)
4. Judge exercises discretion to grant or deny
5. If granted, parties may remarry immediately

Documentation Required:

• Deployment orders (military cases)
• Medical records and physician statements (health cases)
• Immigration documents showing deadlines
• Any other evidence supporting urgency

Critical Note: Waiver requires formal court order. Verbal permission from judge is insufficient. You must have signed, filed order before remarrying.

Kansas Mutual Agreement Exception

Kansas allows parties to waive or shorten the 30-day waiting period through agreement included in the divorce decree itself.

How It Works:

• Parties negotiate waiver during divorce proceedings
• Agreement included in final divorce decree language
• If decree includes waiver, no waiting period applies
• Without express waiver, standard 30-day period applies

Wisconsin Consent Petition

Both parties can jointly petition the court for waiver before six-month waiting period expires, though this is at judge’s discretion and rarely granted.

Remarrying Your Former Spouse

Most states with waiting periods exempt remarriage to your former spouse. You can remarry your ex-spouse at any time without waiting.

States With This Exception:

• Alabama
• Texas
• Most other waiting period states (check specific statutes)

Exception to the Exception: Wisconsin requires the six-month waiting period even when remarrying your former spouse.

What Happens If You Remarry Before the Waiting Period Expires?

The legal consequences of violating waiting period laws vary by state and fall into three categories:

Void Marriages

States Where Violation Creates Void Marriage:

• Alabama (if remarriage occurs within Alabama)
• District of Columbia
• Massachusetts (marriage during 90-day decree nisi period)
• Rhode Island (marriage during three-month pre-finalization period)

Legal Effect: A void marriage is treated as though it never existed. It requires no court action to invalidate—it’s automatically invalid from inception. Property and assets acquired during the “marriage” revert to original owner. No spousal rights exist.

Voidable Marriages

States Where Violation Creates Voidable Marriage:

• Kansas (after June 30, 1983)
• Oklahoma
• Texas
• Wisconsin

Legal Effect: A voidable marriage is valid unless and until someone challenges it in court. If no one contests the marriage within a specific timeframe, it becomes valid once the waiting period expires. The marriage must be actively annulled through court proceedings to be invalidated.

Texas Specific Rule: Marriage is voidable only if challenged within one year of the marriage date. After one year, the marriage becomes valid even if it violated the 30-day waiting period.

Valid But With Penalties

Oklahoma: Marriage is technically prohibited but doesn’t automatically become void. Marriage remains valid unless court specifically sets it aside.

Financial and Legal Consequences

Property Division Issues: If court annuls a marriage that violated waiting periods, property acquired during the invalid marriage typically returns to its original owner. If you and your new spouse bought a house in their name only, you’d have no legal claim to it after annulment.

Spousal Support Complications: Many divorce decrees terminate alimony upon remarriage. If your remarriage is void, questions arise about whether alimony should have continued.

Social Security Benefits: Remarriage affects eligibility for Social Security benefits based on former spouse’s record. Invalid remarriage creates confusion about benefit eligibility.

Immigration Status: Marriage-based immigration applications could be denied or reversed if the marriage is void or voidable.

Criminal Penalties: While rare, some states historically imposed criminal penalties for violating waiting periods. Modern enforcement focuses on civil consequences (voiding the marriage) rather than criminal prosecution.

Recent Legal Developments and Legislative Changes

Trend Toward Elimination

Historically, many states imposed waiting periods. Over the past 50 years, the trend has been toward eliminating these restrictions:

States That Recently Eliminated Waiting Periods:

• California (eliminated one-year waiting period in 1965)
• Arizona (eliminated one-year waiting period in 1966)
• Iowa (eliminated one-year waiting period in 1976)
• Minnesota (eliminated six-month waiting period in 1979)
• Oregon (reduced from six months to 60 days in 1965, then to 30 days in 1981, then eliminated in 1999)
• Pennsylvania (eliminated adultery restriction in 1980)
• Tennessee (eliminated adultery restriction in 1970)
• Vermont (eliminated two-year restriction for guilty party in 1970)
• West Virginia (eliminated 60-day waiting period in 1969)

No Recent State Laws Adding Waiting Periods

No state has added new remarriage waiting periods in recent decades. Legislative activity focuses on clarification, waiver procedures, and enforcement rather than creating new restrictions.

Kansas Legislative Evolution

Kansas has the most detailed legislative history on waiting periods:

• Pre-1964: Six-month prohibition, violation void
• 1964-1965: 30-day prohibition
• 1965-1975: 60-day prohibition
• 1975-1982: 30-day prohibition, violation void
• 1982-1983: 30-day prohibition with agreement option to waive
• Post-1983: 30-day prohibition, violation voidable (not void), parties can agree to waive

This evolution shows movement toward flexibility and recognition that absolute prohibitions may be too harsh.

2025 Status Update

As of December 2025, no states have pending legislation to change remarriage waiting periods. The current nine states plus D.C. with waiting periods show no signs of modification.

How Waiting Periods Affect Divorce Proceedings

Strategic Considerations During Divorce

If you know you want to remarry quickly after divorce, address this during divorce negotiations:

Include Waiver Language (Kansas): In Kansas, negotiate to include waiting period waiver language in the final divorce decree.

Request Waiver in Original Petition (Texas): Texas allows waiver requests in the original divorce petition. Your attorney can request the waiver at the start, and the judge can grant it in the final decree.

Document Good Cause Early: If you anticipate needing a waiver, gather documentation early:

• Deployment orders
• Medical records
• Immigration documents
• Any evidence supporting urgency

Impact on Divorce Timeline

Waiting periods don’t affect how long divorce takes—they only affect when you can remarry after divorce finalizes.

Divorce Waiting Period vs. Remarriage Waiting Period:

These are different concepts:

• Divorce waiting period: Time between filing divorce petition and when divorce can be finalized (varies by state, typically 60-90 days)
• Remarriage waiting period: Time between divorce finalization and when you can legally remarry

Both can apply. In Texas, for example:

• 60-day waiting period from filing to divorce finalization
• Additional 30-day waiting period from finalization to remarriage
• Total: 90 days minimum from filing to remarriage (unless waiver granted)

Practical Guidance for Individuals Planning to Remarry

Before Your Divorce Finalizes

1. Check Your State’s Requirements Verify your state’s remarriage laws. Don’t rely on general information—confirm current statutes.

2. Review Your Divorce Decree Some divorce decrees include specific remarriage restrictions beyond state law requirements, especially in states allowing judicial discretion (like North Dakota).

3. Consider Requesting Waiver Early If you’re in a waiting period state and have good cause for waiver, request it during divorce proceedings rather than waiting until after.

4. Understand Financial Implications Determine how remarriage affects:

• Alimony/spousal support (usually terminates)
• Child support calculations
• Social Security benefits from ex-spouse
• Health insurance coverage
• Tax filing status
• Estate plans and beneficiary designations

After Your Divorce Finalizes

1. Verify Decree Finality Don’t rely on when the hearing ended. Get confirmation that:

• Judge has signed the decree
• Decree has been filed with court clerk
• Any automatic appeal periods have expired
• No appeals have been filed

2. Calculate Waiting Period Correctly

• Start counting from the date judge signed decree (check decree for exact date)
• Include weekends and holidays
• Day 1 is the day after signing
• You can remarry on day 31 in a 30-day waiting period state

3. Obtain Certified Divorce Decree Most states require a certified copy of your divorce decree to apply for a marriage license. Request multiple certified copies—they’re useful for:

• Marriage license applications
• Name change documents
• Property transfers
• Financial account updates

4. Wait for Marriage License Processing Even after the waiting period expires, most states require 72 hours between marriage license application and ceremony. Plan accordingly.

Common Mistakes to Avoid

Misreading Decree Date: People often assume the waiting period starts when they leave the courthouse. It starts when the judge signs the decree, which may be days or weeks later.

Ignoring State of Residence: If you divorce in one state but move to another, check whether:

• Your new state recognizes the divorce
• Your new state has its own waiting period
• Your original state’s waiting period still applies

Marrying in Another State to Avoid Waiting Period: This doesn’t work in most cases. If you’re a resident of a waiting period state and marry elsewhere during the prohibited period:

• Massachusetts and Rhode Island: Marriage is void because divorce isn’t final
• Other states: Results vary, but original state may not recognize the marriage

Assuming Informal Cohabitation Is Safe: Living together doesn’t violate waiting periods. You can cohabit, hold yourselves out as a couple, even have a commitment ceremony—just don’t obtain a legal marriage license and ceremony.

Not Getting Waiver in Writing: Verbal permission from a judge is legally meaningless. You must have a signed, filed court order granting the waiver.

Financial Implications of Remarriage After Divorce

Alimony and Spousal Support Termination

In virtually all states, alimony/spousal support terminates automatically upon remarriage of the receiving spouse.

What This Means:

• If you’re receiving $2,000/month in spousal support and remarry, payments stop immediately
• No notice required—remarriage itself triggers termination
• You cannot negotiate to continue support after remarriage (courts won’t enforce such agreements)
• If you’re receiving limited-duration support for specific purposes (going back to school), consider waiting to remarry until the term ends

Exception for Waiting Period States: If your remarriage is void because it violated waiting periods, questions arise about whether support should have continued. This creates complicated legal disputes.

Social Security Benefits

Remarriage affects Social Security benefits based on your ex-spouse’s record:

General Rule: If you remarry, you cannot collect Social Security benefits on your ex-spouse’s record unless your subsequent marriage ends (through death, divorce, or annulment).

Exception: If you remarry after age 60 (or age 50 if disabled), you can still collect benefits on your ex-spouse’s record.

Impact of Void Remarriage: If your remarriage is void, Social Security may determine you were never actually remarried and can continue receiving benefits.

Tax Implications

Filing Status: Your filing status as of December 31 determines your tax treatment for the entire year. If you remarry on December 31, you must file as married for that entire tax year.

Timing Strategies: Some people strategically time remarriage to occur in January rather than December to maintain favorable single or head-of-household filing status for one more year.

Health Insurance Coverage

COBRA and Divorce: Divorce is a qualifying event allowing former spouse to elect COBRA coverage. Remarriage may affect this coverage.

New Spouse’s Insurance: Marriage is a qualifying event allowing enrollment in new spouse’s employer-sponsored health insurance outside of open enrollment.

Timing Considerations: If you’re on COBRA from your ex-spouse’s insurance, remarrying gives you access to new spouse’s insurance but terminates COBRA eligibility.

Estate Planning Updates

Remarriage dramatically affects estate plans:

Immediate Updates Needed:

• Revise will to include (or exclude) new spouse
• Update beneficiary designations on life insurance, retirement accounts, and bank accounts
• Consider prenuptial agreements addressing estate distribution
• Review trust provisions
• Update healthcare directives and powers of attorney

State Spousal Inheritance Rights: Many states grant spouses automatic inheritance rights regardless of will provisions. Remarriage gives your new spouse these rights unless you’ve executed a prenuptial agreement waiving them.

Special Considerations for Blended Families

Child Custody and Support Implications

Remarriage doesn’t automatically change custody or child support, but courts may consider it when modifying arrangements.

Potential Impacts:

• New spouse’s income may factor into support calculations in some states
• New spouse’s household may be considered in custody evaluations
• Stepparent adoption requires consent from biological parent (or termination of their rights)

Inheritance Rights of Children from Previous Marriage

Remarriage creates potential conflicts between:

• Your children from your previous marriage
• Your new spouse
• Any children from your new marriage

Planning Strategies:

• Execute prenuptial agreement addressing inheritance
• Create trusts for children from previous marriage
• Maintain separate property documentation
• Update beneficiary designations to ensure children are protected

Introducing New Spouse to Children

Many states don’t legally regulate when you can introduce a new partner to children, but:

• Divorce decrees may include morality clauses restricting overnight guests when children are present
• Courts may modify custody based on inappropriate introduction of new partners
• Mental health professionals recommend waiting until relationships are stable and serious

Frequently Asked Questions

Can I get married the same day my divorce is finalized?

In 41 states, yes—as soon as your divorce decree is signed by the judge and filed, you can apply for a marriage license. However, nine states plus D.C. impose waiting periods ranging from 30 days to six months. Check your specific state’s requirements.

Even in states without waiting periods, most states require 72 hours between applying for a marriage license and the ceremony, so you can’t typically marry the exact same day even in non-waiting-period states.

How do I know if my state has a remarriage waiting period?

Check the Social Security Administration’s summary of state remarriage laws or your state’s family code statutes. States with waiting periods are: Alabama, District of Columbia, Kansas, Massachusetts, Nebraska, Oklahoma, Rhode Island, Texas, and Wisconsin.

Can I get around a waiting period by marrying in a different state?

Generally no. The determining factor is your state of residence, not where the marriage ceremony occurs.

Massachusetts and Rhode Island: Your divorce isn’t final during the waiting period, so you’re still legally married. Marriage anywhere during this period is void everywhere.

Other waiting period states: If you’re a resident and marry in another state during your home state’s waiting period, your home state may not recognize the marriage. However, if you established genuine residency in the new state, the marriage may be valid.

Alabama exception: Alabama specifically recognizes marriages performed legally in other states during the 60-day waiting period.

What happens if I remarry before the waiting period ends?

Consequences depend on your state:

Void marriage: Marriage is automatically invalid (Massachusetts, Rhode Island during pre-finalization period, D.C., Alabama if married within Alabama). No court action needed to invalidate it.

Voidable marriage: Marriage is valid unless someone challenges it within specified timeframe (Kansas, Texas, Wisconsin, Oklahoma). Can be annulled but requires court action.

Financial consequences: Property acquired during invalid marriage typically reverts to original owner. Alimony obligations become uncertain. Immigration applications may be denied.

Can a judge waive the waiting period?

Only in certain states:

Texas: Yes, for “good cause shown” (military deployment, serious health issues, permanent duty reassignment overseas, immigration deadlines).

Kansas: Parties can agree to waive or shorten waiting period through their divorce agreement.

Wisconsin: Both parties can petition for waiver with court’s consent (rarely granted).

Other waiting period states: Most don’t allow waivers. The waiting period is absolute.

Is there a waiting period to remarry my ex-spouse?

Generally no. Most waiting period states exempt remarriage to your former spouse—you can remarry your ex at any time.

Exception: Wisconsin requires the six-month waiting period even when remarrying your ex-spouse.

How does remarriage affect spousal support/alimony?

In virtually all states, spousal support terminates immediately upon remarriage of the receiving spouse. No notice required—remarriage automatically ends the obligation.

If you’re receiving support for a specific purpose (like education funding) and remarry, you lose that support even if you haven’t completed your degree. Consider waiting to remarry until the support term ends if you depend on these payments.

Does remarriage affect my Social Security benefits from my ex-spouse?

Usually yes. If you remarry, you generally cannot collect Social Security benefits based on your ex-spouse’s record.

Exception: If you remarry after age 60 (or age 50 if disabled), you can still collect benefits on your ex-spouse’s record.

Important: Your ex-spouse can still collect on your record regardless of whether you remarry, and their remarriage doesn’t affect your ability to collect on their record (assuming your remarriage rules are satisfied).

Last Updated: December 12, 2025

Legal Disclaimer: This article provides general information about remarriage waiting periods and should not be construed as legal advice. Remarriage laws vary by state and individual circumstances differ. Consult with a licensed family law attorney in your state for advice specific to your situation.

Sources:

• Social Security Administration – State Laws on Divorce and Remarriage
• Texas Family Code § 6.801 – Remarriage Prohibition
• Texas Family Code § 6.802 – Waiver of Prohibition
• Massachusetts General Laws Chapter 208
• State Bar Associations and Family Law Sections for individual states

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
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