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A lot of states no longer have a waiting period prior to you get remarried again following a divorce. Before, divorced couples would have to wait up to a year in some states before they could get remarried. Up until the 60s and 70s, Arizona (‘66), California (‘65), Delaware (‘49) and Iowa (‘76) had the requirement of a one-year waiting period. Nowadays, none of them has any restrictions, which is the case in in a lot of the U.S. On the other hand, there are still many states that have an after-divorce period of waiting.
State Restrictions on Marriage Following a Divorce
9 states, including Washington D.C. have laws restricting the right to marry following a divorce. In Arizona, there is no waiting period to get married again following your divorce.
6 Months
In Nebraska, you are required to wait 6 months following your divorce to marry a 3rd party unless your ex-spouse passes away during that time period. Wisconsin also has a 6 month waiting period. If you marry throughout that time period, the marriage is null and void. “Voidable” means that if no one challenges the new marriage, it is going to become valid when the waiting period concludes. “Void” means the ensuing marriage is non-binding since the preceding marriage had not yet been legally terminated.
30-90 Days
Divorce on the Grounds of Adultery
In the above states, post-divorce waiting periods are applied no matter if the divorce is based on no-fault grounds or a fault ground such as adultery. However, whereas South Dakota doesn’t have waiting period for remarrying following a no-fault divorce, when the grounds for divorce is adultery, the adulterous spouse is unable to marry anyone, except their former spouse, providing they are still alive. Having said that, if the adulterous spouse marries a 3rd party outside of South Dakota, the marriage is genuine, on the other hand, nonvalid in South Dakota. Previous to 1970, Tennessee had a comparable limitation in cases of divorces on grounds of adultery, which barred the adulterous spouse from marrying the individual with whom they cheated on with, while the former spouse was still living. Nevertheless, Tennessee has since deleted any hindrance to marriage post-divorce.
Source:
Can I get married right after getting divorced? DivorceWriter. (n.d.). Retrieved January 25, 2022, from https://www.divorcewriter.com/how-long-remarry-after-divorce
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FAQ
How long after a divorce can you remarry in Arizona?
According to the article, Arizona has no waiting period for remarriage after a divorce. Once your divorce is finalized, you can legally marry someone else without an additional waiting period.
Which states require a six-month waiting period before remarriage?
The article identifies Nebraska and Wisconsin as states with a six-month waiting period after divorce. In Nebraska, an exception applies if the former spouse dies during that period.
Can you remarry within 30 days of a divorce?
It depends on the state. According to the article, Washington, D.C., Texas, and Kansas have restrictions involving a 30-day waiting period. Kansas allows an exception if the waiting period is waived in the divorce decree.
What happens if you remarry before the waiting period ends?
The article explains that marrying before the required waiting period ends may result in a marriage being considered void or voidable. A void marriage is legally invalid, while a voidable marriage may become valid if it is not challenged and the waiting period expires.
Does adultery affect how soon you can remarry after divorce?
According to the article, South Dakota has special remarriage restrictions when a divorce is based on adultery. The spouse who committed adultery cannot remarry someone other than their former spouse while that former spouse is still alive, although the article describes different treatment for marriages performed outside South Dakota.
