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How Would Remarrying Affect My Divorce Decree?

Posted on in Divorce

TX divorce lawyerAfter a divorce, many Texans find happiness in a new relationship. Some time passes after the divorce, the new significant other becomes increasingly significant, and before you know it, marriage is on the table again. Before you head down the aisle again, it is important to understand how remarrying could affect the terms of your divorce decree. Very important issues, like your spousal support or child support, could be impacted if you get remarried. If the terms of your divorce decree are still important in your day-to-day life, it may be a good idea to visit a divorce attorney so that there are no unexpected surprises after your big day. While you are there, consider looking into a prenuptial agreement for you and your new spouse-to-be as well.

Will Getting Married Again Affect My Alimony?

Yes. In Texas, if the spouse receiving spousal support payments remarries, then the payments are automatically terminated. You and your new spouse will be considered a financial unit, and your former spouse will be relieved of any obligation to support you.

However, you do not need to get married to ultimately lose spousal support as a result of finding love again. Cohabiting with a new romantic partner after the divorce also opens the door for alimony to be stopped. Your former spouse will be able to petition the court to stop spousal support as soon as he or she is able to prove that you and your significant other have moved in together. If you are in this type of relationship and spousal support is your sole concern, you may have little to lose by remarrying.

Will Remarriage Affect My Child Support?

This is a little bit different than alimony because it is your child who has the right to support, not you. Texas considers both parents’ income, how many children are involved, and most importantly, the best interests of the child. While child support orders can be changed based on a substantial change in circumstances, remarriage alone generally does not count, and your new spouse’s income is irrelevant. However, if you have another child with your new spouse, Texas courts may re-evaluate the situation.

How Soon After Divorce Can I Remarry in Texas?

In Texas, there is a 30-day waiting period between getting divorced and being able to remarry. If you try to remarry within that 30-day window, your marriage may be voidable, meaning it would be as if it never happened. This could cause serious complications later on down the road. There are a number of urgent circumstances that would allow this waiting period to be waived, but you should seek the advice of an attorney if this may be necessary for you.

Call a Texas Divorce Lawyer

Before you remarry after a divorce, Clark Law Group can help you understand the effect your new marriage could have on the orders related to your old marriage. Our experienced Dallas divorce attorneys will evaluate your divorce decree and current circumstances to determine how best to protect your interests. Call 469-906-2266 to arrange a free consultation.




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