The idea of getting remarried after a divorce can be both exciting and intimidating. Everyone deserves a second chance at a happy union, but for some, it can be hard getting over the past. Whether you have lingering feelings of doubt as a result of having been married and divorced or practical concerns over the legal or financial ramifications, it can be hard knowing if getting married again after a divorce is right for you or if it's even an option right now.
Understanding the Legal Timelines of Getting Married After Divorce
For those wondering, "Can I marry again after divorce?" the general answer is yes. There are no laws prohibiting remarriage after divorce. However, you may not be able to do so right away based on where you live. Certain jurisdictions require you to wait a specified time before allowing you to enter a new marriage after divorce.
States with a mandatory waiting period before marrying again after divorce include:
- Alabama: 60 days
- District of Columbia: 30 days
- Kansas: 30 days, but the waiting period can be waived if both ex-spouses agree
- Massachusetts: 90 days
- Oklahoma: 6 months unless the divorced spouses are remarrying each other
- Rhode Island: 3 months
- Texas: 30 days
- Wisconsin: 6 months
Once your divorce has been finalized and you have passed your state's waiting period, you're free to proceed with getting remarried.
Financial Implications of Marrying Again After Divorce
Finances can be a complicated aspect of any marriage, but that's especially true for those looking to get married after a divorce. Terms laid out in your divorce settlement or decree, such as those related to contractual alimony or spousal maintenance, may be affected by your remarriage.
Financial implications to consider before getting remarried after a divorce include:
- If you're currently receiving support from your ex-spouse, your alimony or spousal maintenance payments may be canceled.
- You will no longer be able to receive any Social Security benefits from your ex if you remarry, though there are some exceptions to this.
- While not typical, it is possible there are other terms in your divorce settlement or decree that could be impacted by you getting remarried.
Since each case is unique, you should speak with an experienced attorney about any potential impacts on your finances before getting remarried.
Concerns for Parents
One of the most important considerations for parents planning an after-divorce marriage is how it will affect their children. Getting remarried can have a significant impact on your children, and you should take time to ensure that they're prepared for a new stepparent or stepsiblings. Give them time to adjust to your new relationship, and be patient with them, as they'll likely go through a range of emotions during this time. Doing something as small as involving them in minor decisions about your big day, such as picking decorations or music, can help them feel included and valued.
Emotional Readiness and Counseling
Can you marry again after divorce? Yes. But should you? Not always. A second marriage is a big decision, and it's essential to take time to make sure that you are emotionally ready before making this commitment. Give yourself the time you need to recover from your divorce. Remarrying before you've healed emotionally can cause problems in your new marriage.
If you're having trouble getting over any lingering resentments or unresolved issues from your first marriage, consider speaking with a therapist or counselor. These mental health professionals can help you work through any problems you may be having so that you're truly ready for a new marriage.
Prenuptial Agreements
It's common for those getting married again to have more assets or more complex financial situations than they did the first time around. If this sounds like your situation, you may want to consider a prenuptial agreement. Many couples benefit from having an agreement in place that provides greater financial security and helps avoid future legal disputes. But before you sign any agreement, review everything with an experienced family law attorney who can tailor the document to your unique situation.
Tips for a Successful Second Marriage
Those getting remarried after a divorce are often overcome with worries that their new marriage will face the same problems as their previous one. While that's a valid concern, there's no reason it has to be true.
Here are a few tips for a successful second marriage:
- Communicate Openly: Be honest about every aspect of your marriage, from day-to-day expenses to parenting strategies.
- Set Realistic Expectations: Your new relationship won't be the same as your previous one, and that's a good thing. However, that doesn't mean you should expect it to be perfect. Understand that every marriage has its problems and it may still require some effort at times.
- Get Professional Advice: Legal and financial advisors can help you understand your rights and obligations before remarrying.
How Goranson Bain Ausley Can Help
Remarriage can be a wonderful fresh start. But before getting remarried, make sure you have the information you need and a clear plan. Our attorneys understand the complexities of family law and are dedicated to walking you through each step so that your best interests are always protected. Contact us today to schedule a consultation.
