Remarriage After Divorce

Many people interested in divorcing their spouse wonder whether the law requires any remarriage waiting period after divorce.

 

While there is no federally mandated waiting period between divorce and remarriage, several states have issued waiting periods. In many of those states, the waiting period differs depending on the circumstances of the divorce.

 

Further, in some situations, a judge may institute a waiting period for an individual divorce case.

 

Individual waiting periods may be instituted to give divorcing spouses an opportunity to contest the divorce or its terms. Individuals who marry during before the expiration of a judge-mandated waiting period risk having their new marriage invalidated by the court.

 

Post-Divorce Remarriage Waiting Periods by State

 

The following table outlines remarriage waiting periods in each state as of 2009. In order to ensure that you are acting according to the most up-to-date information, you may want to speak with a divorce lawyer.

 

State Remarriage Waiting Period after Divorce
Alabama 60 days. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)
Alaska No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)
Arizona No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Arkansas No waiting period. (It takes three months for the court to issue a final divorce decree after a divorce petition is filed.)
California No waiting period. (It takes six months for the court to issue a final divorce decree after a divorce petition is filed.)
Colorado No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)
Connecticut No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is returned.)
Delaware No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)
District of Columbia No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)
Florida No waiting period. (There is no statutory period for divorce finalization.)
Georgia No waiting period. (There is no statutory period for divorce finalization.)
Hawaii No waiting period. (There is no statutory period for divorce finalization.)
Idaho No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)
Illinois No waiting period. (There is no statutory period for divorce finalization.)
Indiana No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Iowa No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)
Kansas 30 days. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Kentucky No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Louisiana No waiting period. (It takes six months when the couple has no children and one year when the couple has children for the court to issue a final divorce decree after a divorce petition is filed.)
Maine No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Maryland No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)
Massachusetts No waiting period. (It takes 30 days + 90 days in no-fault divorce and six months + 90 days in fault divorce for the court to issue a final divorce decree after a divorce petition is filed.)
Michigan No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Minnesota No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)
Mississippi No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Missouri No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)
Montana No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)
Nebraska 6 months. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Nevada No waiting period. (There is no statutory period for divorce finalization.)
New Hampshire No waiting period. (There is no statutory period for divorce finalization.)
New Jersey No waiting period. (Finalization depends on which judicial management track a case enters.)
New Mexico No waiting period. (There is no statutory period for divorce finalization.)
New York No waiting period. (It takes one year for the court to issue a final divorce decree after a divorce petition is filed.)
North Carolina No waiting period. (It takes 30 days for the court to issue a final divorce decree after a divorce petition is filed.)
North Dakota No waiting period. (There is no statutory period for divorce finalization.)
Ohio No waiting period. (It takes 30 to 90 days for the court to issue a final divorce decree after a divorce petition is filed.)
Oklahoma 6 months. (It takes 10 days when the couple has no children and 90 days when the couple has children for the court to issue a final divorce decree after a divorce petition is filed.)
Oregon No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)
Pennsylvania No waiting period. (It takes 90 or more days for the court to issue a final divorce decree after a divorce petition is filed.)
Rhode Island No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
South Carolina No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.) 
South Dakota No waiting period. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Tennessee No waiting period. (It takes 60 days for couples without children and 90 couples with children for the court to issue a final divorce decree after a divorce petition is filed.)
Texas 30 days. (It takes 60 days for the court to issue a final divorce decree after a divorce petition is filed.)
Utah No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed unless the couple completes a class for divorcing parents.)
Vermont No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)
Virginia No waiting period. (It takes two to three months in uncontested divorces and 18 months in contested divorces for the court to issue a final divorce decree after a divorce petition is filed.)
Washington No waiting period. (It takes 90 days for the court to issue a final divorce decree after a divorce petition is filed.)
West Virginia No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)
Wisconsin 6 months. (It takes 120 days for the court to issue a final divorce decree after a divorce petition is filed.)
Wyoming No waiting period. (It takes 20 days for the court to issue a final divorce decree after a divorce petition is filed.)

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